School funding left up in the air

Lawmakers return for wrap-up April 26

? The Kansas Legislature adjourned its regular session Friday having failed to reach consensus on the major issue before it: funding public schools.

Gov. Kathleen Sebelius said she hoped when the Legislature returned later this month it would act quickly.

“Kansans are looking for results, and so far they haven’t seen the results they were expecting from this Legislature,” Sebelius said.

Lawmakers also left in limbo the fate of bills to increase punishment of sex offenders, restrict governmental powers of land condemnation and shield funeral mourners from the Rev. Fred Phelps’ graphic protest signs.

Despite the unfinished business, House Speaker Doug Mays, R-Topeka, said progress was made.

“Most of the topics, with the exception of school finance, are pretty close to being resolved,” Mays said.

“School finance, we have a ways to go,” he said. “We’re still pretty much in the starting blocks.”

The Legislature will return for its wrap-up session on April 26.

Lawsuit continues

The Kansas Supreme Court has ordered lawmakers to increase school funding in compliance with a cost study that said more must be spent to help students from low-income areas.

Alan Rupe, of Wichita, the attorney representing the plaintiff school districts, said the Legislature needed to get to work, or else.

“Looks like we’re going to have to engage the Supreme Court if in the veto session they don’t pass a piece of legislation that is in compliance,” Rupe said.

Lawrence school Supt. Randy Weseman said the Legislature’s failure to pass a funding plan was holding up budget decisions in the school district.

“I’m not surprised. They’re taking it to the brink, or going over the brink,” Weseman said. “I would say they are going to test the court’s patience.”

The House, with all 42 Democrats and 22 Republicans, approved a three-year, $633 million school finance plan last month. But the Senate on Thursday voted on three different plans and failed to get a majority on any of them.

“The Senate needs to come together and put together a plan that stays in the ballpark of the court’s needs,” said Rep. Tom Holland, D-Baldwin.

Revenues increasing

Neither the House plan nor one offered by Senate leadership have definite ways to pay for the future years of the plan.

Some had called for expanded casino gambling, but one proposal to do that died in the Senate.

“Until we really get down to where are we going to get that money from, I believe that is what is holding us up,” said Rep. Barbara Ballard, D-Lawrence.

An improving economy has lawmakers making daily computer runs to see if the state can afford high-dollar school finance plans without needing to increase taxes or expand gambling.

During debate on school finance, Sen. Jim Barnett, R-Emporia, said that an approximately $660 million, three-year school finance bill would drown the state in red ink in the final year.

“It tanks the budget,” Barnett said.

But Senate Majority Leader Derek Schmidt said that recent revenue projections based on the expanding economy showed that the plan could be paid for almost entirely from existing revenue sources.

“The notion that the plan is in financial disaster is just not true,” Schmidt said.

Schmidt said he was confident a majority could rally around a school proposal in the 40-member Senate.

“We now have three weeks to catch our breath, regroup and try to find a satisfactory bill that 21 senators will support,” he said.

On the other side of the ledger, the Senate has left several proposals in committee that would cut hundreds of millions of dollars in business taxes until a compromise school funding plan takes shape.

Jessica’s Law

Lawmakers also balked at finalizing legislation to increase prison time for sex offenders in what is known as Jessica’s Law, which is named after Jessica Lunsford, a 9-year-old girl killed by a convicted sex offender in Florida last year. The measure sailed through the House but then was attached to a bill that would authorize private prisons in Kansas, which has significant opposition.

“We will not leave here until we are done with Jessica’s Law,” said Rep. Lee Tafanelli, R-Ozawkie.

The measure is now in a House-Senate conference committee.

Funeral pickets

Another bill being hammered out by lawmakers would establish a buffer zone around funerals to keep demonstrators away. The bill was prompted by Phelps, a Topeka minister, and his followers who have protested at the funerals of soldiers across the nation.

The House version prohibits picketing a funeral closer than 300 yards one hour before, during and two hours after the service. It also makes it unlawful to obstruct public streets and sidewalks or other public space while protesting.

Senators passed a bill that forbids protests within 100 yards of the service for the same period. The Senate exempted streets and sidewalks because the U.S. Supreme Court has ruled those areas are public venues.

When the Legislature reconvenes later this month, the House and Senate also will try to reach agreement on legislation restricting governmental seizures of private property. Under the proposals, the Legislature would have to approve forced sales of private property for economic development projects.