Posts tagged with Brownback

Resubmission of Brownback’s nomination explained

If Gov. Sam Brownback is to become the next U.S. ambassador-at-large for International Religious Freedom, President Donald Trump will have to resubmit his nomination to the U.S. Senate early next year, according to Senate rules. David Popp, spokesman for Senate Majority Leader Mitch McConnell, R-Ky., said in an email Friday that the Senate is tentatively scheduled to adjourn the first session of the 115th Congress, “sine die,” on Tuesday, Jan. 2. At that point, under a Senate rule, any presidential nominations that have not been acted upon must be returned to the president. “Nominations neither confirmed nor rejected during the session at which they are made shall not be acted upon at any succeeding session without being again made to the Senate by the President,” Senate Rule 31 states. That rule can be suspended by unanimous consent. But after the Senate adjourned Thursday evening, a new Senate executive calendar was published listing only one name being held over, John Rood, a nominee to be an under-secretary of defense. The calendar listed 139 other nominations not being held over, including Brownback’s. Also on the list of nominations being returned to the White House was that of Johnson County attorney Holly Lou Teeter, an assistant U.S. attorney and a University of Kansas law school graduate who was nominated to be a federal district judge in Kansas. Brownback’s nomination, however, has political significance because it had been widely expected that he would resign the governor’s office before the 2018 legislative session begins, handing the baton to Lt. Gov. Jeff Colyer, who is running for a full four-year term of his own in the 2018 gubernatorial election. Politically, it would be to Colyer’s advantage to move into the governor’s office as soon as possible so he can begin establishing his own identity as governor and taking on the mantle of the incumbent in what is now a crowded and highly competitive Republican primary. Brownback, however, has said repeatedly that he will not step down unless or until his nomination is confirmed by the Senate, and it now appears that won’t happen until after the 2018 session starts on Jan. 8, if it happens at all. The White House did not respond to a request for comment. Carl Tobias, a law professor at the University of Richmond who follows presidential nominations closely, said Trump won’t be able to use his constitutional authority to make a recess appointment, which temporarily bypasses the Senate confirmation requirement, because the Senate will not be in recess long enough for that to happen. He noted that the Senate has scheduled so-called “pro forma” sessions throughout the holidays, a procedure that involves one senator to gavel in and gavel out every few days, so the Senate technically won’t be in recess. “I wouldn’t put it past Trump, but Obama didn’t try to do that, just because the Supreme Court said in 2014 that that was OK, the Senate could set its own rules, and these pro forma sessions are meant to prevent that from happening,” Tobias said in a phone interview Friday. In 2014, the U.S. Supreme Court struck down three of then-President Barack Obama’s recess appointments to the National Labor Relations Board as unconstitutional because he made them during a three-day break between pro forma sessions of the Senate. Regarding Teeter, Tobias said she would likely be confirmed quickly when the Senate reconvenes next month. Because it takes unanimous consent to hold over a nomination, it only takes one senator to block a nominee. In the Senate Judiciary Committee, Sen. Mazie Hirono, D-Hawaii, was the only member to vote against Teeter’s nomination. The American Bar Association had rated Teeter as “unqualified” because she fell just a few months short of having the minimum 12 years of legal experience needed to be rated as qualified. Other Democrats on the panel, including Sens. Dick Durbin of Illinois and Diane Feinstein of California, supported Teeter despite the ABA’s rating. “I think she’s on track. It’s just going to take a while before she gets a Senate floor vote,” Tobias said. Regarding Brownback, though, Tobias said confirmation may be more difficult, especially in light of the special election in Alabama earlier this month, where Democrat Doug Jones upset Republican Roy Moore in a race to fill the seat vacated when Republican Jeff Sessions was named attorney general, leaving Republicans with only a two-seat majority. “The margin is so thin in the Senate when it comes back, they could pick off two GOP members,” he said. “But I would think he would have a fair amount of good will, sort of senatorial courtesy, from the time he was senator. I had the sense that he was a pretty good colleague and that even Democrats could work with him and that he was easy to work with.”

Reply 5 comments from Michael Kort Kevin Millikan Kendall Simmons Ophelia_shorn Pauljones

Report: Democrats to delay Brownback nomination

Democrats in the U.S. Senate plan to use procedural moves to delay a vote on Kansas Gov. Sam Brownback's appointment to a diplomatic post, citing his record on gay rights, according to a published report.

The report by the Washington bureau of McClatchy, parent company of the Kansas City Star and Wichita Eagle, cited a Democratic aide as saying Democrats would force Senate Majority Leader Mitch McConnell, R-Ky., to take extra steps to get Brownback confirmed for the job of Ambassador-at-large for International Religious Freedom in the Trump administration.

Samuel Brownback, governor of Kansas and a former U.S. senator, appears before the Senate Foreign Relations Committee as the nominee to be the United States Ambassador-at-Large for International Religious Freedom, at the Capitol in Washington, Wednesday, Oct. 4, 2017. (AP Photo/J. Scott Applewhite)

Samuel Brownback, governor of Kansas and a former U.S. senator, appears before the Senate Foreign Relations Committee as the nominee to be the United States Ambassador-at-Large for International Religious Freedom, at the Capitol in Washington, Wednesday, Oct. 4, 2017. (AP Photo/J. Scott Applewhite)

That could complicate issues in the Kansas Statehouse, where Lt. Gov. Jeff Colyer has been preparing to take over as governor in advance of the 2018 legislative session, which begins in January. Between now and then, the governor's office needs to prepare budget proposals and other legislative initiatives for lawmakers to consider during the session.

Kansas House Speaker Ron Ryckman Jr., R-Olathe, did not express concern about the delay when told about the report.

"We have issues here in Kansas to deal with, and what the Democrats do in D.C. is their business. You would think they’d give the same courtesy they gave to Kathleen Sebelius," he said, referring to the former Democratic governor who served as Health and Human Services Secretary in the Obama administration.

Kansas House Minority Leader Jim Ward of Wichita, however, said Democrats have a right to object to the nomination.

"I think you should, as a minority party, raise the concerns about the appointments as you see appropriate, and they had the information before them," he said.

During his confirmation hearing Oct. 4, Brownback faced tough questions from Sen. Tim Kaine, D-Va., over his 2015 executive order rescinding workplace protections for LGBT state employees in the executive branch, a policy that had been put in place by Sebelius.

Kaine pointed out that in many parts of the world, gays and lesbians can be imprisoned, or even executed, on the basis of religious laws.

Brownback said his decision to repeal Sebelius' executive order was based on his belief that it was an issue on which the Legislature needed to act.

“That was an order that created a right by the executive branch that wasn’t available to other people and it wasn’t passed by the legislative branch,” Brownback said in response to Kaine's question. “I believe those sorts of issues should be passed by the legislative branch.”

Colyer's spokeswoman Kara Fullmer declined to comment on how a delay in Brownback's confirmation might affect the transition.

"At this point, it doesn’t really help to speculate," she said in an email. "Timing on the confirmation vote is a matter for the Senate to decide. Lt. Governor Colyer is prepared to take the helm in Kansas whenever Gov. Brownback is confirmed."

Reply 1 comment from Michael Kort

Brownback hoping for speedy confirmation; Colyer quiet following announcement

Kansas Gov. Sam Brownback said Tuesday he plans to stay in office until he is confirmed by the U.S. Senate for a diplomatic post in the Trump administration, something he said he hopes will happen as early as next month.

Brownback has been nominated by President Donald Trump to be the nation's ambassador at-large for religious freedom, a post housed in the State Department. Speaking informally with reporters Tuesday at the Statehouse, Brownback said he has had conversations with Senate leaders and believes he has bipartisan support for the position. He also said he hoped his confirmation could be completed in September.

The schedule for his Senate confirmation has not yet been announced and probably won't be announced until Congress returns from its August recess. It is expected that the process will begin with the Senate Foreign Relations Committee, which is chaired by Sen. Bob Corker, R-Tenn.

A swift confirmation would be helpful to Lt. Gov. Jeff Colyer, who will succeed Brownback in the governor's office once Brownback resigns, because it would give him a running start in preparation for the 2018 legislative session.

During this year's session, lawmakers passed a two-year budget for state government, but there are always tweaks that need to be made in the second year. Sept. 15 is the deadline for most state agencies to submit their budget requests for the upcoming fiscal year. After that, the next official revenue estimates are due in early November. Those are used as the basis of the budget proposal the governor makes to the Legislature in January.

Colyer has been in a somewhat awkward position since Brownback announced in July that he planned to accept the ambassadorship. Trying hard not to upstage Gov. Brownback during his final days or weeks in office, Colyer has quietly been putting together his own management and campaign teams while also avoiding the news media.

Last week, Colyer announced with a press release that he intends to run for a full term as governor. He also announced the appointment of Kansas Republican Party executive director Clay Barker as his new chief of staff, and former WIBW-TV reporter Kara Fullmer as his new press secretary.

Reply 2 comments from Richard Heckler Rich_quinlan

Kansas in the spotlight: End of state’s tax experiment resonates nationally as Trump’s plan mimics Brownback’s failure

When Kansas lawmakers overrode Gov. Sam Brownback's veto and reversed course on the tax policies he championed in 2012, it was predictable that the story would be front-page news in all the Kansas papers. What was less predictable was the extent to which the story would resonate nationally.

Much of the attention was certainly due to the fact that President Donald Trump is expected to roll out his own plans for federal tax reform soon, and many believe it will be modeled on the Kansas experiment.

Writers at POLITICO made that connection back in May, when the White House released a one-page summary of Trump's tax plan. "As the White House and Congress begin to debate tax reform and how it could affect the country, they should pay close attention to the plains, where Kansas has suffered fiscal and economic setbacks," the website reported May 4.

"The Kansas Experiment Is Bad News For Trump’s Tax Cuts," a headline on the blog proclaimed after the override vote. It went on to say the action in Topeka was possibly the most interesting policy news to happen all week, even outperforming former FBI Director James Comey's testimony to a congressional committee two days later.

Money magazine's Ian Salisbury also drew a link between the Brownback tax cuts and the upcoming Trump plan when he wrote, "the Republican-led legislature's reversal makes it trickier for Kansas to serve as a template for national tax reform."

"Donald Trump’s Tax Plan Would Turn the Whole U.S. Into Kansas," proclaimed another headline on

Other news outlets, however, saw the Kansas Legislature's action as a final verdict on the "supply-side" economic theories — dubbed "trickle-down" economics by some and "voodoo economics" by then-candidate George H.W. Bush — that economist Arthur Laffer first sold to the Reagan administration in the 1980s before bringing them to Kansas in 2012, theories that are now said to be forming the basis behind the Trump tax plan.

The New York Times editorial page, which was never a big fan of either Reagan or Laffer, seemed to chortle with its headline, "Kansas Rises Up Against the Trickle-Down Con Job."

Eugene Robinson of the Washington Post even declared that Kansas "proved" how "Trickle-down economics is a nightmare."

But it wasn't just the left-leaning editorial pages that sat up and took notice of what happened in Kansas last week. Even the Brookings Institution, the living definition of centrism, called the vote in Kansas a verdict on supply-side economics.

"The Brownback tax cuts were one of the cleanest experiments the country has ever had in measuring the effects of tax cuts on economic growth, and it showed that they were a failure, wrote William G. Gale, a Brookings senior fellow in economic studies.

"Kansas’ experiment with tax cutting failed spectacularly — on its own terms," proclaimed another editorial in Business Insider.

West coast newspapers also took notice.

"It's the end of the road for the GOP's big tax experiment in Kansas," read a Los Angeles Times headline over a story that began, "The grand economic experiment on the prairie has ended."

It's not often that Kansas politics receives so much national attention, and usually when it does it's because of something the rest of the country frowns upon, like when the Kansas State Board of Education tried to downplay the concept of evolution in state science standards.

In 2014, Kansas briefly drew significant national attention when it looked like Republican Sen. Pat Roberts might be on the ropes for re-election, but that faded pretty quickly after he won by more than a 10 percent margin.

What's different about the tax story is that national news outlets are actually using Kansas as a source of objective facts and data to tell a cautionary tale for the rest of the country. And you can tell they're taking the task seriously by the fact that none of the articles mentioned above made any of the corny "Wizard of Oz" references that are usually obligatory in stories about Kansas.

Reply 1 comment from Wakarusaguy

Despite resistance, lawmakers create foster care task force; Brownback signs four more bills as session nears end

The Kansas Senate sent two significant pieces of legislation to Gov. Sam Brownback's desk on Friday while Brownback signed four bills into law.

Among the bills the Senate passed was one establishing a child welfare task force that would spend the next two years studying the Department for Children and Families' management of the state's child welfare system, and the foster care system in particular, and to make recommendations for improvement.

The bill was prompted by a number of children who were either killed or mistreated while in the custody of the child welfare system. But DCF Secretary Phyllis Gilmore has resisted efforts to impose more oversight, and conservative lawmakers allied with Brownback pushed back against the idea.

The push to establish a new task force comes on the heels of a series of Legislative Post Audit reports that were highly critical of DCF's management of the programs.

The task force would be made up of legislators, court officers, children's advocates, law enforcement officials, social workers and others involved in the child welfare system. That group would break up into a number of working groups to study different aspects of the system, including foster care, family preservation, protective services, reintegration and DCF's general administration of child welfare.

The group would be expected to file a progress report to the Legislature in January 2018, but its final report would not come until January 2019, after the Brownback-Colyer administration has left office.

The bill passed the House Friday morning, 109-10. It passed the Senate a few hours later, 33-6.

The Senate also passed and sent to Brownback's desk a bill dealing with mandatory inspections of amusement park rides. That bill, which the House passed Thursday, delays some enforcement provisions of a new law just enacted earlier in the session making it a class B misdemeanor to operate an amusement park ride that has not been inspected and received a permit by the Kansas Department of Labor.

Meanwhile, Brownback signed four pieces of legislation into law Friday:

• Senate Bill 42, updating and revising portions of the juvenile justice code that underwent a massive overhaul last year.

Senate Bill 201, amending the Kansas Consumer Protection Act, adding members of the military to the definition of “protected consumers.”

House Bill 2092, making various changes to Kansas criminal procedure.

And House Bill 2132, authorizes port authorities to conduct certain sales.

Brownback has now signed 91 bills into law this session and has vetoed three. His veto of an income tax overhaul bill was subsequently overridden this week.


Impact of tax veto override will be felt for years in Kansas

Kansans woke up Wednesday morning to a state that was dramatically transformed overnight in ways that will affect them for years to come.

The Kansas Legislature's decision the night before to override Gov. Sam Brownback's veto of a bill reversing his signature tax policies will have an almost immediate impact on their paychecks. The override will also have long-term effects on the state's ability to fund public schools and maintain its roads. And it will have far-reaching consequences on Brownback's own political legacy and on the political trajectory of the state.

People who work for a paycheck will start seeing smaller checks almost immediately. Starting July 1, employers will start withholding at the new higher rates. For individuals, that means 3.1 percent on the first $15,000 a year of income; 5.25 percent on the next $15,000; and 5.7 percent on any income over that. For married couples filing jointly, the income thresholds are double those for individuals.


Currently, there are only two tax brackets: 2.7 percent on the first $15,000 and 4.6 percent on all income above that. Those were scheduled to go down next year under the so-called "glide path to zero" formula. But while the new rates are higher across the board, they are still lower than they were before the sweeping tax cuts were enacted in 2012.

For wage earners, the new tax rates take effect on July 1. So the increase in rates for tax year 2017 is only half the full amount. But employers will start withholding at the full rate to make up for the fact that the entire increase has to be paid in the second half of the year.

People who are self-employed or own small businesses, however, will want to start doing some tax planning immediately, because for them the new rates are retroactive to Jan. 1. Those are the roughly 330,000 people who, since 2013, have not paid any state income taxes on their nonwage business income under what came to be known as the "LLC exemption."

In addition to the higher rates, however, the law also phases back in some deductions and exemptions that were either reduced or eliminated under the 2012 tax plan, starting with deductions for medical expenses, mortgage interest and property taxes paid. It also will phase back in the child and dependent care tax credit that was eliminated in 2012.

According to budget experts, the changes will generate $591 million in the fiscal year that begins July 1 and $633 million in the following fiscal year for a grand total of a little more than $1.2 billion. Opinions differ widely on how much of an impact that will have on the Kansas economy and on state government.

Responding to the override Wednesday morning, Brownback refused to answer questions from reporters. But in a long, almost stream-of-consciousness statement, he claimed the tax cuts had been a boost to the economy, while simultaneously arguing that the state's financial problems are the result of a weak economy being dragged down by low agricultural and energy commodity prices.

Nevertheless, he left no doubt that he thinks the Legislature made the wrong decision, and said he thinks it was simply the result of a lengthy legislative session that has tried the patience of lawmakers.

"This isn’t the right way to go," Brownback said. "There was another way. And we kept working with people but that just wasn’t in the cards and was difficult to happen, and you get late in the session, and I think a number of people threw their hands up and said this is the only way to go."

"The unfortunate thing is that it’s a bad way to go, and we’re going to have long-term negative consequences for the economy of this state and for the people of Kansas going this route," he said.

Lawmakers from the Lawrence area, all of whom supported the veto override, gave quite a different assessment.

Sen. Tom Holland, D-Baldwin City, disputed the idea that the override was the result of lawmakers being tired and frustrated near the end of a long session.

"I think the elections in November were very critical for people letting their elected representatives know that they weren’t happy with the governor’s plans," he said immediately after the House's vote. "So here we are tonight. I think it’s a good win for Kansas citizens."

Rep. Barbara Ballard, D-Lawrence, said that without the tax bill, lawmakers would have had to make devastating cuts in funding for state services.

"It was looming heavy with Osawatomie (State Hospital)," she said, referring to the state psychiatric hospital that recently lost its certification to qualify for Medicare reimbursements. "Until we get those 60 beds certified again, it’s $1 million a month. And so we were worried about that."

Rep. Tom Sloan, R-Lawrence, acknowledged that as large as the tax increase is, it probably still isn't enough to pull the state out of the financial hole that has been dug since 2012.

"Long term, we cannot undo the damage of inadequate revenues," Sloan said. "And as was pointed out, we’re not fully funding the state retirement plan using these revenues, and we have to. That’s an obligation. So basically, this is a heck of a good start at undoing the damage that was caused by five or six years of failed tax policies."

And as for the future of Kansas politics, many observers said the veto override was a watershed moment that will define Brownback's political legacy because it represents a complete repudiation of the signature policy that Brownback himself had hoped would define him in history.

"I think when historians look back, Gov. Brownback talked about the lost decade, 2000-2010, when we had the double recessions and hits to our aerospace industry in Wichita," Holland said. "The years 2010-2020, in my mind, that’s going to be the lost decade for where we could have been had we not gone down this disastrous path to zero income taxes."

Reply 2 comments from Sean Ingram Kendall Simmons

The question about the governor: Lawmakers discuss possibility of Brownback leaving

In any given year, no matter who the governor is, one of the basic questions lawmakers have to deal with is what the governor will accept. That's just as true for big issues like budgets and taxes as it is for relatively obscure issues like funding the state water plan.

Normally, legislative leaders deal with that by having regular talks with the governor, or meeting with his or her staff, and talking about the details of legislation. What does the governor want? What will he or she accept or not accept? What can the leaders pass through their respective chambers?

Throughout this session, though, members of both parties in both chambers have complained that they have found it increasingly difficult to do that with Gov. Sam Brownback. For some, the frustration started the opening week of the session when, after convincing lawmakers two years ago to repeal the school finance law that had been in place since the early 1990s and begin work on crafting a new one, Brownback offered no specific proposal of his own, saying that was a legislative responsibility.

And now with the specific news that he may, or may not, leave office soon to accept a job in Rome as the Trump administration's U.N. ambassador for agriculture and food agencies, one might think the problem might get even worse.

Surprisingly, though, members of both parties, and in both chambers, are saying it almost doesn't matter anymore where the governor goes because they're working on their own agendas, at their own schedules.

"I don't know that it's a big consideration to us at this point," said Senate Vice President Jeff Longbine, R-Emporia. "We know what we need to do. We need to come up with a structurally balanced budget and a tax plan that supports it. I don't know that we've worried at this point what the governor will sign or won't sign. I think we're trying to find consensus within our own body about what that budget and tax looks like, and we'll pass it out of here when we find it, regardless of who's in the governor's chair."

Brownback hasn't officially commented on the story, first reported Wednesday by Kansas Public Radio, which cited a single anonymous source. But he did nothing to dampen the speculation Thursday when, responding to questions from reporters, he declined to commit to staying in the governor's office through the end of the session.

Kansas Gov. Sam Brownback, right, along with Lt. Gov. Jeff Colyer participates in a humanitarian award ceremony Thursday, March 9, 2017, at the statehouse in Topeka, Kan. (Thad Allton/Topeka Capital-Journal via AP)

Kansas Gov. Sam Brownback, right, along with Lt. Gov. Jeff Colyer participates in a humanitarian award ceremony Thursday, March 9, 2017, at the statehouse in Topeka, Kan. (Thad Allton/Topeka Capital-Journal via AP)

The only statement from the governor's office concerning the possibility of his resigning came Wednesday from his spokeswoman, Melika Willoughby, who said, "Governor Brownback is focused on working with the Kansas legislature to balance the budget and pass a modern school funding system."

But Senate President Susan Wagle, R-Wichita, has said that's not what she has seen. As recently as Tuesday, just before the Senate shot down, by a vote of 1-37, Brownback's tax proposal for balancing the state budget, she accused Brownback of refusing to work with lawmakers.

"We met yesterday (Monday). We had a leadership meeting yesterday," she said. "We threw out some concepts and he wasn't very interested in budget stability and predictability, so this is where we start."

Asked in advance what she thought a negative vote would mean, she said: "For most legislators, all it's saying is the governor is refusing to acknowledge that we have a deep budget hole, and he's refusing to give us solutions. If anybody's playing games, it's the governor."

Sen. Laura Kelly, D-Topeka, the assistant minority leader in the Senate, agreed that the prospect of the governor leaving midsession is having little impact on the legislative process.

"We've been pretty much left on our own to deal with the taxes, to deal with the budget, to deal with school finance," she said. "His office has not been engaged at all, from what I can see, other than to wield his veto pen. So I think we'll just keep doing what we're doing and deal with whoever is in the governor's seat when the time comes."

Meanwhile on the House side, Rep. Tom Sloan, R-Lawrence, said he's been struggling to get Brownback's attention on a relatively mundane issue, but one that Brownback has said is a high priority: finding a way to fund a long-term plan to protect the state's dwindling water resources.

"I called the governor's staff this (Thursday) morning and said, you guys have not engaged," Sloan said. "The governor hasn't done anything. His agencies haven't come in and said, 'This is what we want.' They all supported the Blue Ribbon Task Force (which recommended earmarking about $50 million out of existing sales tax revenue for water projects). But they backed off because they knew that wasn't going to pass. But they're not offering anything else. They're not supporting anything else."

Sloan is one of the few Republicans willing to say out loud what many will say only privately, that he thinks it might be easier on the Legislature if Brownback does leave.

"If (Lt. Gov.) Jeff Colyer becomes governor, yes he has ties to the administration's policies, but he's not identified with most of them," Sloan said. "And so it may be easier for him to accept an income tax reform bill than it is for Governor Brownback."

One exception to that, Sloan acknowledged, is KanCare, the state's privatized Medicaid system, which is largely the product of Colyer's efforts.

"On most issues he is not (tied to Brownback's policies)," Sloan said. "On KanCare he certainly is and I would not expect him to support a Medicaid expansion bill. But he may have more flexibility on the income tax."

Sen. Kelly, however, said she thinks it's too early for lawmakers to start pondering whether Brownback or Colyer will be the governor by the end of the session.

"It depends, one, on if he gets the position, which he has not gotten yet, and, two, if he can move in before he's confirmed," she said. "If he has to wait until Senate confirmation, he could be here until December."


House to move forward on taxes, spending cuts, while Senate regroups

Following a near-meltdown in the Senate last week, Republican leaders in the Kansas House plan to move forward with their own plans for balancing this year's budget and raising taxes to balance the next two years' budgets.

On Thursday last week, the Senate abruptly called off debate on its own tax and spending plan after support for the spending cuts collapsed over the previous 24 hours. Among other things, that bill would have slashed $198 million in general fund spending out of the last four or five months of the fiscal year. The bulk of that, $129 million, would have come out of K-12 education.

The Senate tax plan, which was more or less paired with the spending cuts, would have raised about $660 million for the next two years by repealing the so-called LLC exemption that was part of the 2012 tax cuts that Gov. Sam Brownback championed, and by raising individual tax rates on everyone.

House Speaker Ron Ryckman Jr., R-Olathe, told reporters Friday that he planned to meet over the weekend with GOP leaders and other members to decide how they want to proceed on the budget and taxes.

On the table is a House tax bill that would raise just more than $1 billion in new revenue for the next two fiscal years by eliminating the LLC exemption, raising individual rates and reinstating a third tax bracket for individuals earning more than $50,000 a year, or couples filing jointly earning more than $100,000 a year.

The House hasn't yet produced a spending-cut bill — formally known as a "rescission" bill because it would rescind spending authority previously approved — but Ryckman said the Appropriations Committee planned to work on that Monday and Tuesday.

During an informal Q & A with reporters after the House adjourned Friday, Ryckman was asked where the line is, if there is one, between an acceptable and unacceptable cut to public schools.

"We’re still having talks and conversations about where that is," he said. "We’re trying to balance any decision with what it will look like to each individual district based on their individual data so there’s not disruption in services."

One interesting difference between the House and Senate approaches is how willing GOP leaders are in each chamber to work with Brownback.

When Brownback rolled out his plan in January — which called for delaying payments to public schools and KPERS, and borrowing $317 million from an idle funds investment account — Senate President Susan Wagle was quick to criticize it for relying too heavily on one-time money and failing to address the "structural deficit" in the state's budget: the gap between regular, recurring revenues coming in and regular recurring expenses being paid out.

Likewise, Brownback wasted little time lashing out at the Senate's tax plan, saying the higher rates would "punish the middle class," while repeal of the LLC exemption "needlessly harms the real people that serve as the lifeblood of Kansas."

Since then, some in the Senate have said leaders need to stop thinking about a plan that can get the minimum 21 votes needed for passage, but instead finding a plan that can get the 27 needed to override an almost certain governor's veto.

Ryckman, by contrast, said that probably is not a workable strategy in the 125-member House, where it takes 63 votes to pass a bill and 84 to override a veto.

"What we’ve talked about all session is, it’s not just about finding 63 (yes votes)," he said. "It’s also about finding something the governor will sign. This is part of the process.

"Anytime you’re talking about revenue enhancements, to get to 63 votes, it's very problematic. To get to 84, it’s almost impossible," Ryckman said.

Meanwhile in the Senate, GOP leaders have said they will not let any bills move forward until the chamber comes to a consensus about how to balance this year's budget and how to move forward on taxes. And as far as taxes are concerned, Wagle said, the only element that seems to have 21 votes so far is repeal of the LLC exemption, which would only raise about $230 million a year, far less than what's needed to close the projected $582 million budget gap for the next fiscal year that begins July 1.

Given that, she said, she has instructed the Ways and Means Committee to start putting together a budget for the next two fiscal years that would make enough cuts to close that gap.

Senate Democrats, on the other hand, have said they are working with a group of moderate Republicans on an alternative plan that could be discussed in committees sometime this week. Democrats say it would raise about $1.2 billion over the next two years through a combination of repealing the LLC exemption, raising rates, and establishing a third tax bracket that would kick in at $35,000 a year for individuals, or $70,000 a year for married couples filing jointly.

It's worth noting, though, that both the Senate Democrats' plan and the House proposal go much further in raising taxes than the original Senate plan that Brownback criticized so harshly when it first came out of committee.

Ryckman said he has been meeting with Brownback, most recently on Tuesday of last week, to discuss tax policy. So far, he said, the governor has not drawn any lines in the sand about what he absolutely will not accept.

"We're just talking about finding things we can agree on," Ryckman said.


Broadcasters losing interest in annual State of the State address

Gov. Sam Brownbacks' office announced this week that he will deliver his State of the State address on Tuesday, Jan. 10, at 5 p.m.

If you think about that for a moment, you'll notice the time is when most TV and radio stations are carrying their evening news programs. And for people who work regular 9-5 jobs, it starts before they even get home.

But Brownback said that's not because he's trying to make it inconvenient for broadcasters. It's just that broadcasters have lost interest in carrying it.

"I think the only one that was carrying it was public television, and they decided last year they couldn't (carry it) at the later time, so we decided we'd want to make it as convenient for legislators as possible because they all have a lot of evening activities," Brownback said.

The State of the State address is traditionally one of the most important speeches any governor gives during the year. It marks the opening of a new legislative session, and an opportunity for the governor to lay out his or her legislative and budget priorities.

Kansas Gov. Sam Brownback waves after delivering his State of the State address to a combined session at the Kansas State Capitol on Thursday, Jan. 15, 2015, in Topeka.

Kansas Gov. Sam Brownback waves after delivering his State of the State address to a combined session at the Kansas State Capitol on Thursday, Jan. 15, 2015, in Topeka. by Richard Gwin

For many years, KPTS-TV, the public television station in Wichita, produced a show for the State of the State address that included live broadcast of the speech itself, and post-speech interviews with lawmakers and other people. Their video feed of the speech was also made available for free to commercial broadcasters, and the audio was available to any radio station that wanted it.

And it wasn't unusual on State-of-the-State night to see a line of satellite trucks from Kansas City, Wichita and Topeka TV stations parked on the Statehouse grounds, or on 10th Street south of the building, so they could take the video feed and relay it back to their stations.

Last year, though, KPTS cancelled its broadcast because it lost a major underwriter for the program. To fill in the gap, Kansas Public Radio, based at the University of Kansas, brought in equipment so it could carry the live audio, which it also made available to other broadcasters.

This year, though, even KPR is rethinking its strategy, mainly because the 5 p.m. start time conflicts with the highly popular NPR news program "All Things Considered."

KPR news director J. Schafer said Tuesday that the station still plans to carry the speech, but officials there haven't yet decided exactly how or when it will be broadcast.

One possibility, he said, would be to carry the speech live on its sister station, KPR-2, a separate programming stream designed for high-definition digital receivers, which very few people have. It is also available online. And in Lawrence, it's available over the air with a standard radio on KPR's new, additional station at 96.1 FM. It would then be rebroadcast on KPR's regular signal, 91.5 FM, at 6 p.m., after All Things Considered.

That would mean for the vast majority of people in Kansas, the only way to see or hear the speech live will be to find an online source that will be live-streaming the event.

The Journal-World hopes to provide a list of those live streams when it becomes available.

Reply 3 comments from Carol Bowen Michael Kort Greg Cooper

Brownback mum on potential cabinet job

Gov. Sam Brownback on Monday refused to comment on speculation that he is being considered for a job in the new Trump administration.

"I'm not answering any questions on anything regarding me and the Trump administration," Brownback said Monday in brief remarks to reporters following the ceremonial lighting of the Statehouse Christmas tree.

Brownback's name has been mentioned by several news organizations, including the Washington Post and POLITICO, as one of several possible picks to be the next Secretary of Agriculture.

Speculation that Brownback might leave the governor's office early was fueled Monday by the unexpected announcement that his press secretary Eileen Hawley will retire at the end of this week. But Hawley said Tuesday that her decision had nothing to do with the governor's future and that she has not even followed news about who is being considered for cabinet jobs.

Brownback served as the Kansas Agriculture Secretary from 1986 to 1990. He then left for two years to serve as a White House Fellow in 1990 and 1991 in President George H.W. Bush's administration, then returned to the state agriculture job where he stayed until 1993. He stepped down after a federal judge ruled the method used at that time to elect the secretary was unconstitutional and the Kansas Legislature passed a law giving the governor authority to appoint the state agriculture secretary.

Brownback did offer praise, however, for two other Kansans on President-elect Donald Trump's interview list: U.S. Rep. Mike Pompeo of Wichita, who has already been chosen for the job of CIA Director; and Secretary of State Kris Kobach, who is considered a candidate for Secretary of the Department of Homeland Security.

"Kris is a great guy and I wish him all the best," Brownback said. "That was a wonderful thing for Mike Pompeo and I think it's going to be a wonderful thing for the Trump administration."

If Pompeo is confirmed by the U.S. Senate, a special election will be called in the 4th District to elect a replacement. If Kobach leaves the Secretary of State's office, state law requires the governor to appoint a replacement.

Reply 1 comment from Rich_quinlan