Legislators gear up for historic special session

Lawmaker: 'It's Johnson County versus the world'

? State senators on Monday returned to the Capitol to get school finance and gambling bills teed up for Wednesday, the start of the first legislative special session in 16 years.

The preparation was needed “to get started and try to solve the special session,” said Sen. Jean Schodorf, R-Wichita, chairwoman of the Senate Education Committee.

Gov. Kathleen Sebelius called the special session in response to a June 3 Kansas Supreme Court order that said school funding is unconstitutionally inadequate and must be increased $143 million by July 1.

Republican legislative leaders have said the additional funds could be derived from better-than-expected tax receipts, but Sebelius, a Democrat, has said lawmakers also need to approve expanded casino gambling to provide enough revenues for schools next year.

Casino plans up for discussion include one that would allow five regional casinos plus slots at pari-mutuel racetracks, and another that would allow casinos in Kansas City, Kan., and southeast Kansas.

Schodorf’s committee on Monday reviewed three school funding plans, and the Senate budget committee started looking at various casino proposals.

In the education committee, it became apparent that the dividing line between competing plans was not so much based on political parties, but on geography.

“It’s Johnson County versus the world,” Schodorf said to reporters. “I’m trying hard not to let that erupt.”

Too late.

During a discussion on school finance, Sen. Ralph Ostmeyer, R-Grinnell, told a legislator from Johnson County, the state’s largest county: “You have the luxury of students, you have the luxury of wealth. We’re just trying to hold on. Don’t punish us for being small and living in western Kansas.”

The dispute is over equity in school funding. Johnson County legislators want to be able to raise more local property taxes to supplement school funding.

But the state Supreme Court nixed a plan that would have allowed schools to further increase local taxes, and a plan that would have allowed the so-called “Sweet 17” districts to tack on an additional tax to offset expenses from being high-cost districts. These include Lawrence and many Johnson County districts. The court said the local tax options would further widen the gap between rich and poor districts.

A proposal by three Johnson County senators to re-instate those options in a modified way was introduced.

“It’s important to a number of school districts in the state to have those local controls,” said Sen. John Vratil, R-Leawood.

But Senate Majority Leader Derek Schmidt, R-Independence, said he didn’t believe the state Supreme Court would go for that idea.

“The court said you can’t have your dessert until you finish your peas,” he said.

A proposal by Schmidt and Schodorf would increase school funding by $110 million and then provide $40 million in tax relief that would go toward helping the poorer school districts.

But that also faced questions.

“How can you justify $40 million to reduce property taxes is going to education?” asked Sen. Greta Goodwin, D-Winfield.

Schmidt said that while the money wouldn’t directly go toward school funding, he believed the plan would address some of the court’s concerns about equity in taxation for schools.

Sen. Roger Pine, R-Lawrence, a member of the Education Committee, said he supported the Schmidt-Schodorf proposal.

“I think that proposal has some positive things in it,” he said.

Senate Democrats, outnumbered 30-10 by Republicans, also introduced their plan to increase school funding by $143 million.

Conservatives plan

Meanwhile, conservative lawmakers, angered over the court’s decision, proposed ways to limit the court’s ability to act in school finance litigation.

Rep. Lance Kinzer, R-Olathe, said he would introduce two proposed constitutional amendments that would remove the court from jurisdiction over school finance litigation and that would clarify that the judiciary cannot direct appropriations.

“The best way is to allow the people to weigh in on this,” he said.

Constitutional amendments must receive two-thirds majorities in the House and Senate before they can be placed on the ballot for a statewide vote. Kinzer said it would be close on gathering two-thirds support in the Legislature – 84 votes in the House and 27 in the Senate.