Terry L Calloway

Kansas AG: State will comply, but continue appeal of bad ruling to fund Planned Parenthood

Yesterday, Judge Thomas Marten ordered an immediate state payment of approximately $80,000 to Planned Parenthood of Kansas Mid-Missouri for Title X family planning services.
The Kansas Attorney General's Office issued this statement to Kansans for Life: “The state will comply with the Judge’s order but will continue its appeal to the Tenth Circuit United States Court of Appeals.”

It is mind-boggling that this judge thinks he has the authority to give taxpayer money to Planned Parenthood with no legal basis.

He continues to pretend this is a free speech case in which Planned Parenthood was denied participation as punishment for their abortion involvement. However, the Kansas budget provision being sued, that prioritizes full service public clinics, also resulted in a lack of a Title X contract for another ‘family-planning-only’ business unrelated to Planned Parenthood or abortion.

Marten ignores both the fundamental contractual issue and the state's rock-solid objections:

1) There is no federal right to apply for, or receive, Title X funds from the state; thus Planned Parenthood has not been denied any right that Marten should rectify.
Only the federal government must accept applications for Title X grants, thus Planned Parenthood can only claim the right to apply directly to HHS for a grant, as other Planned Parenthood businesses have done in some states.
2) The Eleventh Amendment governing state sovereignty bars any judge from entering a mandatory injunction requiring the state to enter into contractwithPlanned Parenthood.
Planned Parenthood'ssuit demands that the state "honor their contracts" but there is no 2011-2012 contract withPlanned Parenthoodto honor/restore. This is the third time Marten has ruled on the case and ignored this foundational issue.
3) The judge ignores the Attorney General's arguments that the state is harmed when it is forced to make double payments, including unrecoverable money to failingprivatebusinesses.
"The court finds no injury to the defendants [KDHE] in maintaining the prior payment schedule," wrote Marten. The state health department has already contracted with public clinics inWichitaand Hays, and is now being ordered to prepay money toPlanned Parenthoodbusinesses operating in the redfor services that cannot be guaranteed.
4) No facts back upPlanned Parenthoodassertions, swallowed whole by the judge, that women would not get satisfactory family planning withoutthem.
Marten ruled, "the residents of Hays and Wichita will be best assured of continued family planning services by maintaining the status quo,"...with "an organization which has consistently provided satisfactory family planning services," ... and otherwise would "face higher costs, longer wait or travel times for appointments and have less access to services."
The state's attorneys argue that these claims are ungrounded, self-serving, and infer--without any shred of evidence-- that the state health department has failed to award adequate contracts. Title X contracts with full service FQHCs (federally qualified health centers for low-income families) undeniably can better serve the public, as they offer:1. Family planning 2. Screening for cancer & other diseases 3. Preventive services including pre & perinatal 4. Well child services 5. Immunizations 6. Primary care services 7. Diagnostic lab & radiology services 8. Emergency medical services 9. Pharmacy services
Conclusion

This lawsuit is not about healthcare for poor women. It’s about helping Planned Parenthood keep their floundering family planning "feeder" clinics afloat. It is these outlets, not FQHCs, that push abortion, in violation of Title X regulation.

Sec. 59.5 of Title X regulationsspecify "nondirective counseling on each of the [pregnancy] options, and referralupon request." Originally, Title X did not permit any referrals, and that was changed to allow explanation of abortion, and referralif asked for. However, state defense attorneys show that Planned Parenthood violates that prohibition because the websites of theWichita andHaysPlanned Parenthood “openly tout that those facilities will make referrals to abortion providers."

In a recent Morning Sun Letter to the Editor the writer criticizes me for supporting the idea of making the 2010 sales tax permanent. This is woefully incorrect and the following explains the process that took place and my votes: 

The 18% sales tax increase that raised the tax rate from 5.3 percent is scheduled to drop to 5.4 percent in 2013 with the revenue from the 0.1 percent remaining to go to the Department of Transportation.  During the 2011 legislative session the proposed March to Economic Growth Act (SB 1) was originally written to eliminate personal income tax with revenue produced by keeping the sales tax at the 2010-2013 level.

Letting taxpayers keep more of their income will increase sales tax receipts causing more money to be spent on goods increasing both state revenues and economic growth. While I support elimination of the income tax, I am not willing to see the 2010 sales tax increase made permanent. For this reason, I voted against SB 1 on March 17th http://www.kslegislature.org/li/b2011_12/year1/measures/sb1  when it was first proposed. However, the following day, the bill was reconsidered and amendments were approved to lower the sales tax as scheduled while eliminating the personal income tax and reducing the corporate income tax rate from 4 to 7 percent to 3.5 percent. The amended bill, which I supported, passed the House http://www.kslegislature.org/li/b2011_12/year1/measures/sb1.

IMMEDIATE RELEASE
July 28, 2011

For More Information:
Christie Kriegshauser: 785/296-2302

 Topeka – House Speaker Mike O’Neal (R-Hutchinson) named freshman Representative Terry Calloway (R-Pittsburg) to the newly created KAN-ED Study Committee. The KAN-ED program was created by the Kansas Legislature to provide low-cost internet and broadband services to schools, libraries and hospitals.

This ten-member committee was charged by the legislature with studying the efficiency and effectiveness of the KAN-ED program in providing broadband internet access to schools, libraries and hospitals. This Committee is composed of members of the Education, Information Technology, Public Health and Welfare, Health and Human Services, Utilities and Budget Committees to ensure that every perspective of KAN-Ed is adequately represented.

Representative Calloway is the President and chief executive officer of Data Technique Inc., a software and consulting firm that has twice been named a Novell Partner of the Year. He also served as a visiting instructor at Pittsburg State University and served as a part-time instructor for adult classes in microcomputer software.

“With his business background and technical expertise Representative Calloway is uniquely suited to review the KAN-ED program and ensure that the funds spent on this program are being put to the best possible use,” said Speaker O’Neal. “I am confident his knowledge will be an asset to this team.”

The KAN-ED Study Committee will meet during the summer before presenting its recommendations to the Kansas Legislature during the 2012 session.

TOPEKA, Kan. (July 28, 2011) – The Kansas Chamber of Commerce has named Representative Terry Calloway as a Pro-Jobs Legislator for the 2011 Legislative Session.

“We are proud to announce that Representative Calloway has distinguished himself by supporting the tenets of free enterprise in order to move Kansas towards becoming the best state in America to live and work,” said Kansas Chamber President & CEO Kent Beisner. “We appreciate the hard work of Rep. Calloway to grow jobs and the economy.”

“The statewide business community relies on decision-makers in Topeka who understand the importance of a healthy business climate. We thank Representative Calloway for his leadership,” added Kansas Chamber Chair of the Board of Directors Dave Murfin, President and CEO of Murfin Drilling Company in Wichita, Kansas.

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The Kansas Chamber, with headquarters in Topeka, is the leading statewide pro-business advocacy group moving Kansas towards becoming the best state in America to live and work. The Chamber represents small, medium and large employers all across Kansas. For more information on the Kansas Chamber of Commerce, go to www.kansaschamber.org.

On Thursday, the House passed a budget that cuts nearly $80 million from the Governor’s proposed budget. Throughout the session, the House has worked toward a healthy ending balance. During the nearly seven hours the House spent debating the budget, one of the priorities was increasing savings to grow the balance. Amendment after amendment was brought to reach this goal. At the end of the week, the March tax revenues were announced. The lower than expected revenues have put the Governor and Senate’s budgets into the red reinforcing the need for the healthy ending balance established by the House position.

Below is an overview of This Session at the Statehouse, a preview of upcoming events, this week's Words to Watch and Kansas Trivia Questions.

This Week at the Statehouse

House Passes Budget that Produces $80 Million Ending Balance

Although House members have been working for weeks in preparation for the budget debate, most of the work on the floor occurred on Thursday when the House worked until 11:00 pm to pass its budget. The House Appropriations Committee developed a budget that cut $70.5 Million from the Governor’s proposal ensuring a healthy ending balance. Because of the new pay-go rule, amendments that increased net spending were not in order for debate ensuring that the budget did not grow during the extensive debate.

The budget that passed out of committee exempted legislative staff from the 7.5% pay cut. However, Representative DeGraaf (R-Mulvane) offered an amendment that passed 59-55 that removed the exemption for legislative staff.

Later in the debate, Representative Goico (R-Wichita) offered an amendment that replaced the 7.5% pay cuts for state employees with a 1.193% cut to all SGF-funded state agencies except for the Judiciary, K-12, human social services caseloads and debt service. The agency heads have the flexibility to decide how the reductions are made. This amendment and passed 73-39.

One of the most creative amendments offered was by Representative Patton (R-Topeka). The amendment transferred $277,000 spent on bottled water and other office supplies to a study on the effects of closing the Kansas Neurological Institute in Topeka. It passed 105-14.

Representative Worley (R-Lenexa) brought an amendment that moved $3.5 million from the Oil and Gas Trust Fund to programs for the developmentally disabled. The amendment passed on a voice vote.

The underlying bill passed the House 69 to 52. The conference committee will meet during the veto session to reconcile the differences between the House and Senate positions. With the Senate’s budget arguably already in the red, the House is entering conference committee with the leverage needed to bring the Senate toward the House position of reduced spending.

March Tax Revenues Below Estimates

This week, the Kansas Department of Revenue released the March revenue figures. Overall the state’s tax-only income is $19.4 million or 4.9% less than projected. Individual income taxes were down $14.9 million or 9.3% from the estimate. This is partially due to the efficiency of the new administration in the Department of Revenue which is processing and mailing rebates back to the taxpayers at a faster pace than previous years and might level out next month when all tax refunds have been mailed.

The sales-tax receipts for March were $7.2 million or 4.4% below the estimate. This indicates Kansans are reducing their spending which generally is not a positive sign. With the state’s year-to-date sales tax revenue approximately $25.8 million or 0.4% lower than expected, revenues would have to increase 15.6% in the next three months to reach the estimates that the Governor used to base his budget. The lower than expected revenues evaporated the less than $8 million ending balance from the Governor and Senate’s budget proposals leaving the House with the only proposed budget still in the black.

Historic Workers' Compensation Reform Sent to the Governor’s Desk

In one of the last votes before the House and Senate adjourned for the April break, they passed the final version of workers’ compensation reform sending it to the Governor for a signature. The legislation is the result of deliberation and extensive negotiation between labor and business representatives. The final version of the legislation improves the Kansas business climate increasing our competitiveness with surrounding states and ensures injured workers receive the care and benefits they need. The reform package passed the Senate 37 to 0 and the House 120 to 0.

During the debate, two amendments were approved. Representative Carlson proposed reduction of the sales tax rate to 5.7 beginning in 2013. The second amendment was from Representative Brown and steps down the corporate income tax rate to 3.5 while working to eliminate the personal income tax completely.

Looking Ahead

With the regular session ending on Friday, April 1st, legislators have returned to their districts until April 27th when the veto or wrap-up session will begin. This break allows the governor to sign or veto legislation. If a bill is vetoed, the Legislature has the opportunity to override the veto when it returns to Topeka for the final days of the session. In addition, the Legislature will work exempt bills and vote on conference committee reports.

Words to Watch

Drop Dead Day – The day on which the regular session of the Legislature ends and the April break begins. Except for exempt bills, legislation must have passed both chambers by “Drop Dead Day” in order to be sent to the governor’s desk. April 2nd is the “Drop Dead Day” for 2011. Conference committee reports on bills in conference may still be considered after this date.

Veto Session – Also known as wrap-up session, veto session is composed of the last days of session when the Legislature reconvenes to override vetoes, allow conference committees to work and both chambers approve a final budget. This year the veto session will begin on April 27th the seventy-sixth day of session. The Legislature will meet until the budget passes both chambers. The ninetieth day of the session is May 11th. The last time the Legislature went over the constitutionally approved ninety days was 2006 when the session lasted ninety-three days. The longest session was in 2002 when it the session consumed one-hundred and six days.

Kansas Trivia Questions

Question: The annual football game between Kansas University and Missouri has been cancelled once. What caused the cancellation?
Answer: The game was scheduled for November 23, 1963, the day after president Kennedy was assassinated.

Question: The first international horseshoe pitching contest open to all was held in 1909 and won by Frank Jackson of Blue Mound. What Kansas town hosted the event?
Answer: Bronson

Question: Since 1986 what specific reptile has been the state’s official reptile?
Answer: The Ornate Box Turtle or Terrapene Ornata.

Extra Credit Question: On a particularly uncivil day in the legislature, who was nominated to be the state reptile?
Extra Credit Answer: Representative Kerry Patrick of Johnson County. The nomination was later withdrawn.

Question: What is the state’s largest living rodent?
Answer: The beaver, with some weighing more than ninety-five pounds.

Question: Takeru Higuchi, a University of Kansas chemist, invented what medical delivery system?
Answer: The time-release capsule.

March 18th, 2011

Topeka –Today on a 73 to 47 vote, the Kansas House passed the March to Economic Growth Act (MEGA) which reduces corporate and individual income tax levels with a trigger based on growth. If state tax receipts increase over the immediately preceding fiscal year, then a corresponding reduction in both taxes will occur. By providing a consistent and less complicated tax structure, this bill limits the role of state government and fosters business growth and investment.

“The overall goal of this bill is institutional change toward a pro-growth policy,” said Representative Calloway (R-Pittsburg). “We are committed to collecting revenue by growing the economy rather than increasing the tax rate on existing revenue streams. People vote with their feet. From side-by-side comparisons we know that states without individual income tax experience population and revenue growth at a consistently higher rate than states with high rates.”

During the debate, two amendments were adopted. Representative Carlson (R-St. Marys) proposed reduction of the sales tax rate to 5.7 beginning in 2013. An amendment from Representative Brown (R-Eudora) would ultimately reduce the corporate income tax rate to 3.5 while eliminating the personal income tax completely.

Ten weeks into the session, the House Taxation Committee had prepared a number of tax bills and the House was able to debate a holistic approach to tax policy. This week the House worked to reduce state spending and implement a tax structure that responsibly moves toward the elimination of personal income tax and reduces corporate income taxes. At the beginning of the week, the House passed a bill to reduce $35 million in state spending in the current fiscal year. On Thursday and Friday, the House debated policy changes to provide a simplified tax structure and lower income taxes to foster economic growth and investment.

Below is an overview of This Session at the Statehouse, a preview of upcoming events, and this week's Kansas Trivia Questions. I have also posted a new Press Release.

This Session at the Statehouse

House Passes Bill Saving $35 Million

Last Friday, Governor Brownback made allotments that reduced the FY 2011 budget by $56.5 million to ensure state revenues for the year could cover the expenditures. However, the Governor does not have the statutory authority to create an ending balance through the allotment processes. Although allotments balance the budget revenue, they do not leave the state with an ending balance on July 1.

In order to provide a healthy cushion, the House Appropriations Committee drafted a bill containing provisions from the rescission bill that were agreed to by both the House and Senate conferees during the conference committee process. On Wednesday, the House passed this bill which accomplishes a $35 million balance at the end of FY 2011.

Update on the Kansas Public Employees' Retirement System (KPERS)

KPERS is a defined benefit plan. Currently the state contributes 8.17% of the SGF to KPERS' state and school group. In order to meet statutory requirements, that will increase to 21.4% by 2033 and we will still not have caught up to the actuarial required contribution. The KPERS contribution from the SGF that year will be over $1.9 billion. A past multiplier increase from 1.4 to 1.75 over time was never funded and has exacerbated the unfunded liabilities of the KPERS system.

To fill this growing deficit, the House Pensions and Benefits Committee passed HB 2333 that increases the state's contribution to KPERS from .6% to .8% and adjusts future benefits by changing the multiplier for future service from 1.75 to 1.4. The multiplier change does not apply to those who have already retired. Those who have worked for twenty–five years will keep those years at the 1.75 rate. If they work an additional eight years or more, those years will be credited at the lower multiplier. HB 2333 also provides for funds raised through the sale of state assets to be directed to KPERS.

Tax Debate

March to Economic Growth Act (MEGA) – The MEGA bill reduces the corporate and individual income tax with a trigger based on growth. If state tax receipts increase over the immediately preceding fiscal year, then a corresponding reduction in both taxes will occur. The overall goal of this bill is institutional change that will shift to more consumption (sales) taxes and less production (income) taxes. The House is committed to collecting Kansas tax revenue by growing the economy rather than increasing the tax rate on current revenue streams. By providing a consistent and less complicated tax structure, this bill limits the role of state government and fosters business growth and investment. People vote with their feet. From side–by–side comparisons we know that states without individual income tax experience population and revenue growth at a consistently higher rate than states with high rates.

During the debate, two amendments were approved. Representative Carlson proposed reduction of the sales tax rate to 5.7 beginning in 2013. The second amendment was from Representative Brown and steps down the corporate income tax rate to 3.5 while working to eliminate the personal income tax completely.

Creation of Rural Opportunity Zones (ROZs)

On a 102 to 18 vote on Friday, the House passed Governor Brownback's ROZ strategy to grow shrinking rural counties through income tax exemptions for certain out-of-state taxpayers who relocate to those counties. The targeted counties are: Barber, Chautauqua, Cheyenne, Clark, Cloud, Comanche, Decatur, Edwards, Elk, Gove, Graham, Greeley, Greenwood, Hamilton, Harper, Hodgeman, Jewell, Kearny, Kingman, Kiowa, Lane, Lincoln, Logan, Marion, Mitchell, Morton, Ness, Norton, Osborne, Pawnee, Phillips, Pratt, Rawlins, Republic, Rooks, Rush, Russell, Scott, Sheridan, Sherman, Smith, Stafford, Stanton, Trego, Thomas, Wallace, Washington, Wichita, Wilson and Woodson.

Promoting Economic Growth Through Tax Credits

SB 61, which passed the House 92 to 22 on Friday, changes the High Performance Incentive Program (HPIP) income tax credits and expands the individual development account tax credit. SB 61 modifies the HPIP program beginning in 2013 to allow a portion of previously earned HPIP credits, which have been carried forward to be claimed against the tax liability. In addition, SB 61 expands the refundable tax credit available to individual development account program contributors from 50% to 75% greatly increasing its attractiveness to businesses and its usefulness as an economic development tool.

Reducing Government Waste in Food Sales Tax Refunds

SB 193 requires social security numbers to verify the identities of dependents for those claiming food sales tax refunds. This legislation is aimed at reducing food sales tax fraud and saving state money by ensuring proper documentation.

Smaller Government Through Public Participation

On Friday, Governor Brownback announced the launch of a website that allows Kansans to submit laws and regulations they believe should be repealed. When an idea is submitted to the website, http://repealer.ks.gov, the office of the Repealer will run a cost-benefit analysis on each law or regulation. Laws picked for repeal will be sent to the government entity with jurisdiction. Kansans who submit repeal proposals will receive a status update within thirty days of submitting their idea. The goal of this website is to identify and eliminate state laws and regulations that hinder opportunities for Kansans and Kansas businesses.

Looking Ahead

As the session draws to an end, the schedule changes focus from committee action to floor action. Next week, the House is scheduled to be in session for the majority of the day Monday through Wednesday to pass legislation that has been voted out of committee. The House will not hold session on Thursday and Friday to allow conference committees to negotiate the differences between the House and Senate versions of legislation.

The overwhelming 2010 elections and a Republican governor have created a dynamic opportunity. The House is motivated and energized to restructure state government to ensure fiscal responsibility and long-term sustainability. In the previous two months, the House has introduced over four-hundred pieces of legislation while the Senate has introduced a little over two-hundred.

Kansas Trivia Questions

Question: Route 66, as the song goes, went “from Chicago to L.A., more than 2,000 miles all the way.” How many of those miles were in Kansas?
Answer: Approximately twelve miles near Galena.

Question: Hector, a ghost town in Greeley County, was named after what friend of Horace Greeley?
Answer: Greeley's dog

Question: What was the first county to receive a name and who was it named after?
Answer: Doniphan, named for a hero of the Mexican-American War, Col. Alexander W. Doniphan.

Question: The Picher Field which includes southeastern Kansas, was the world's leading producer of what mineral before World War II?
Answer: Zinc

Question: Can you name 3 Kansas towns with the shortest names?
Answer: Amy, Gas, Elk, Way, Wea are some of them.

This week most of the action has taken place in committees working to hear and amend Senate bills so they can be heard by the full House. Committees held hearings on many core priorities including legislation aimed at reducing the cycle of education litigation and eliminating the corporate and individual income tax through a five-year phase-out. These complex issues require time to be fully vetted through the committee process before the House can take action on them. The House remains on target to pass a substantial portion of its economic priorities. The House is committed to passing deliberative and thoughtful pro-growth policies.

Below is an overview of This Session at the Statehouse, a preview of upcoming events, Words to Watch and this week’s Kansas Trivia Questions. The Speaker’s testimony before the House Education Committee in favor of HCR 5018 and HCR 5019 is also attached.

This Session at the Statehouse

Conference Committees on the Governor’s Freeze Bill

Throughout the conference committee process, the House has been committed to the Governor’s proposal to provide a $35 million balance at the end of FY 2011. Starting the allotment process of bringing the state to a zero ending balance provides a good starting point, but the House wants to go farther to ensure fiscal stability.

The House appreciates the Governor’s willingness to make the necessary allotments to balance revenues and expenditures. However, the House remains committed to establishing a healthy ending balance after funding necessary programs.

With the aim of helping the Governor avoid the need to make allotments, the House called a conference committee on Friday to propose an offer that contains the provisions on which the conference committee has already agreed. This offer would result in a FY 2011 ending balance of $35 million. However, the Senate conferees did not attend the conference committee to hear the proposal.

Governor Brownback has invited us to provide a rescission bill that creates an ending balance. While the House is disappointed that the Senate has failed to even hear the offer, the House is anxious to continue working through the conference committee process to achieve the Governor’s goal of a $35 million ending balance.

Making Classroom Funding a Priority

It is troubling that in school districts facing reductions, there is far more talk of reductions of teaching staff than administrative staff reductions. Many school districts currently share a number of educational services but cling to their separate layers of school administration, at the expense of teachers and those who directly impact the area of student instruction.

HCR 5019 is designed to restructure school district administration to ensure that more education funds are spent paying teachers in the classroom. The resolution encourages the State Board of Education to reorganize administration to reduce the amount of non-instructional administrative costs. Since on average, the salary of one superintendent equals pay for three teachers, this mandate would increase the money spent on classroom instruction.

Unemployment Insurance Reform

This week the House Commerce and Economic Development Committee passed SB 77 which establishes the Employee Security Interest Assessment Fund to pay interest and principal owed to the U.S. Department of Labor. This is a critical step toward repairing the damage caused by the depletion of the current system and establishing stability for the business community. The House plans to run SB 77 next Monday

In 2011, the bill would authorize 50% of the surcharge revenue derived from negative balanced employers. The bill increases the number of rate groups for negative balanced employers from ten to twenty for an interest assessment to be deposited into the fund. The surcharge rate on negative balance employers would increase from 2.0% to 4.0%. The bill also repeals the provision of the “waiting week” which saves the fund $11.5 million. To help with cash flow, the bill allows for the Kansas Department of Labor to borrow up to $3 million from the Pooled Money Investment Board for interest payments that would be subject to approval by the State Finance Council.

Community Defense Act

On Thursday, the House passed the Community Defense Act which requires sexually-oriented businesses be located at least 1,000 feet from the property line of existing businesses, day-care facilities, schools or places of worship. The Act requires a six-foot distance between patrons and performers and prohibits the establishments from operation between midnight and six am.

Progress on Growing the Economy

Because social issues are controversial and fairly easy to understand, the media spends more time covering them. This makes it seem that we are spending a disproportionate amount of time on them. In addition, many people categorize some economic issues as social. For example, in-state tuition for illegal aliens is costing the state money. By dealing with that issue, which some will categorize as a social issue, the House is saving the state money. Another example of this is defining a “suitable” education. This may seem like a social issue, but it is an essential part of ending the cycle of education litigation that has driven up state spending with the end result being a budget shortfall filled by a tax increase. Classification is complex because almost every issue the legislature deals with is interconnected. However, as you can see by the side-by-side comparison below, the House has put more time and energy into creating jobs than regulating social issues.

Looking Ahead

Tax Debate

The House will take up tax policy next week. The following bills will be considered as the House works to implement a holistic tax policy that will spur economic growth.

• HB 2117 – As amended, this bill would make several technical changes to the sales and use tax imposition statutes that would generally strike certain expiration and never-utilized provisions. Although the original bill was designed to repeal defunct language in the sales tax imposition statutes, this was amended in committee.
• HB 2317 – This bill would make several changes to existing tax policy:
  • A new state income tax deduction know as “expensing” for certain qualified investments;
  • Repeal or phase-out of a number of existing state income tax credit and sales tax exemptions;
  • Repeal of the Kansas Economic Opportunity Initiative Fund (KEOIF);
  • Create the Job Creation Program Fund (JCPF).
• HB 2331 – As amended, this bill would designate forty counties as Rural Opportunity Zones (ROZ), effectively providing an income tax exemption for certain out-of-state taxpayers who relocate to those counties. Those forty counties would be authorized to participate in a state-matching program to repay student loans of up to $15,000 for certain students who are relocating and who attended out-of-state higher educational institutions or who had lived outside the state for at least three years and had not Kansas source of income for at least two years.
• HB 2091 – This bill would decrease the sales and use tax rate from 6.3 to 5.3 percent on July 1, 2011. The State Highway Fund would receive 13/106ths of the receipts at the 5.3 percent rate and the State General Fund (SGF) would receive the balance.
• Sub HB 2161 – In its current form, this bill would change a number of statutory rules for purposes of in-state sales tax transactions from destination-sourcing (where the applicable local sales tax rate is determined at the location where the consumer receives the purchased item) to origin-sourcing (where the applicable local sales tax rate is determined at the seller’s location).
• HB 2381 - Eliminating corporate and individual income tax on a five-year phase-out plan.

Words To Watch

Local Option Budget (LOB) – In current statute, the local option budget is the amount of money a school district is allowed to raise locally. Districts can raise an LOB amount equal to 30% of the district’s general fund budget. If a district has an election and the voters approve, a district can go one percent higher, to 31%. Approximately ten districts in Kansas have held elections and have the ability to raise 31% for LOB. However, the law specifies that the amount cannot be higher than 31%.

Local Activities Budget (LAB) – The LAB is currently a proposal. It was first introduced last year and was in HB 2201 this year. It would allow a district to raise money above the 31% ceiling currently in place for the LOB. HB 2201 would allow the districts that have raised their LOB to 31% to increase the LAB by 5%. In this proposal, unlike the LOB, the state would not “equalize” the local option budget for the LAB. The funds raised would go to pay for non-mandated school programs.

Kansas Trivia Questions

Question: What two lawyers argued before the Kansas Supreme Court in the Brown v. Topeka Board of Education school desegregation case?
Answer: Paul Wilson argued for the state of Kansas and Charles Sheldon Scott represented the Brown family.

Question: Neosho County formerly was called Dorn County. Why did residents change its name?
Answer: Because Major Jackson Dorn, for whom the county was originally named, joined the Confederacy during the Civil War.

Question: What two Kansas towns and their counties are named after a famous former publisher and his newspaper?
Answer: Horace Greeley, editor of the New York Tribune. Horace and Tribune are cities in Greeley County.

Question: New Boston was the name originally considered for what two Kansas towns at different times?
Answer: Both Lawrence and Manhattan.

Question: What Kansas town was first named Palmetto, after the symbol for South Carolina?
Answer: Marysville.

With half of the 2011 Legislative Session behind us, there is time to review the great accomplishments the House has made in the last eight weeks and preview the work ahead. In the first two months of session, the House has made tremendous strides toward reducing the size and scope of government, growing the Kansas economy and increasing personal freedom. With much of the groundwork laid in the last several months, the second portion of the session will focus on tax reform and budget proposals.

Below is an overview of This Session at the Statehouse, a preview of upcoming events and this week’s Kansas Trivia Questions. Also, the Speaker’s testimony before the House Education Committee in favor of HCR 5010 is available.

This Session at the Statehouse

Reducing the Size and Scope of Government

• Pay-Go Rule Provision – HR 6004, the House Rules for 2011-2012 containing the new pay-go provision, passed the House 76 to 45. While this could slip under the radar as a minor tweak to House Rules, it is an integral part of resetting state government to ensure long-term fiscal responsibility. By requiring appropriation-bill spending amendments be revenue neutral, the House can reign in the unsustainable spending that has lead to tax increases. This simple rule modification had and will have a large impact on fiscal policy.
• Full-Time Employee (FTE) Reduction – By passing HB 2014 on an 81 to 40 vote, the House eliminated 2,000 open FTE positions ensuring that state agencies do not receive funding for employees who are not working. This will ensure that agencies are not able to inflate their budgets with unfilled positions.
• Reduction of Agencies and Commissions – The House and Governor have worked together to push several Executive Reorganization Orders (EROs) to eliminate eight government organizations. By eliminating or reorganizing these eight agencies, the state would save approximately $9.2 million. Last week the House voted to establish the Kansas Streamlining Government Commission which will review agencies to make recommendations for efficiencies and to reduce waste before the Commission sunsets on December 31st of 2012.
  Currently, the net effect of the House’s actions on agencies and commissions is a $9.16 million savings but the Streamlining Commission has the potential to save a yet-unknown amount through its investigations over the next twenty-one months.
• School Audits – In August of 2010, the Division of Post Audit issued the results of seven voluntary school district audits. Post Audit found efficiencies that could have saved the state $6.4 million from just those seven districts. Seven other schools have request audits but Post Audit has not been able to conduct them because the funding was cut last year. HB 2014 included funding for three full-time employees to complete the remaining seven audits.

Growing the Economy

• Workers’ Compensation Reform – With a vote of 90 to 29, the House overwhelmingly passed workers’ compensation reform for the first time in seventeen years. This reform will substantially improve the business climate in Kansas. By ensuring injured workers receive the care and benefits they need and increasing our competitiveness with surrounding states, this legislation is a critical part of growing the Kansas economy.
• Paycheck Protection – By passing HB 2130, also known as “paycheck protection,” on a 76 to 45 vote, the House voted to ensure that funds deducted directly from union members’ paychecks are not used for political contributions with which they may not agree. While this is a tremendous step toward increasing personal freedom, it also reduces the cost of labor in the state, making Kansas a competitive location for businesses which in turn results in more Kansas jobs.
• Kansas Health Care Freedom Amendment – Currently, one of the most harmful threats to economic growth is the uncertainty created by the federal health care insurance reform. Without being able to plan on their regulatory expenses, employers are waiting to hire. On a 91 to 27 vote, the House passed the Kansas Health Care Freedom Amendment and took a step toward ending this uncertainty for Kansas employers and citizens. With a stable economic climate, Kansas businesses can focus on growing their operations and creating jobs.
• Privatization Efforts – The House passed HB 2194 on a 68 to 51 vote to establish the Kansas Advisory Council on Privatization. Composed of both public and private sector members, the Council will explore ways Kansas can reduce costs through agency-private sector partnerships.

Looking Ahead

Although the House has made significant progress in the first half of the session, a large amount of work remains. The House plans to focus on the following priorities in the coming weeks.

Reducing the Size and Scope of Government

• Fee Sweep Reform – It has become increasingly common for the Legislature to sweep funds raised by fee-funded agencies for their operational expenses. This requires the fee-funded agencies to increase their fees to cover the basic operational costs. This backhanded manner of increasing revenue is harmful for the agencies and punishes those that have been fiscally responsible. HB 2368, which is currently in the Appropriations Committee, reforms this practice of passing hidden tax increases.
• Ending the Cycle of Education Litigation – Until Montoy, it was well understood and consistently held by the Kansas Supreme Court that that the Kansas constitution requires the Legislature to see that education is funded through an equitable distribution of state funds. The legislature’s role is not to sign blank checks or pay for every item or expense districts choose to offer or incur. HCR 5010 clarifies Article 6 of the Kansas Constitution to be consistent with the legislative history and historic interpretation by the state’s highest court. The Education Committee has held a hearing on this bill and plans to pass it in coming days.
• Income Verification for At-Risk Students – Currently, the funding formula defines at-risk students as those who receive free meals. The at-risk weighting multiplies the base state aid a school district receives by 0.456 per student. HB 2193, which is currently in the Education Committee, HB 2193 would tie the at-risk weighting to the math and reading proficiency of students at the fourth grade and above. HB 2193 would reduce state expenditures by $140 million in FY 2012.
• Enabling law for voluntary consolidation of local government – The Local Government Committee is currently considering HB 2084 which would allow cities and counties to consolidate by dual majority vote.
Repeal of Extraneous Statutes – The House is reviewing and eliminating statutes that are superfluous or no longer relevant. HB 2027 simplifies rules and regulations of filing. It has passed the House and is in the Senate Judiciary Committee. The House is looking for additional statutes that can be abolished to streamline and reset government.

Growing the Economy

• Eliminate corporate and individual income tax on a five-year phase-out plan – The Governor and House are considering using the increase in tax revenue to buy down the tax rate while still leaving a healthy ending balance. The House Taxation Committee is currently working through ideas that will lower the overall tax burden and promote economic growth.
• Unemployment Insurance Reform –The bankrupted employment security trust fund has sustained loans from the US Treasury. The federal government requires the implementation of a surcharge to repay the interest on these loans or threatens the loss of the FUTA tax credit. House commerce is looking at how to implement the required surcharge as well as at limiting unemployment benefits.
• Dynamic scoring of fiscal notes – Currently, before a bill passes the Legislature, the Legislative Research Department puts together a fiscal note explaining the direct cost or income the state will experience because of the bill. However, the economic impact to the state, whether positive or negative, is not calculated. HB 2238 would ensure that Legislative Research track the full economic impact of the proposed legislation. This would allow the legislature to objectively judge legislation on the basis of its potential impact on the Kansas economy.

Kansas Trivia Questions

Question: In 1858 the first institution of higher learning in the state was established. What was the name of this school that is now a community college?

Answer: Highland College.

Question: What Kansas cowtown was known as the “Boarder Queen”?

Answer: Caldwell.

At the half-way point of the 2011 Session, the House has made tremendous progress on top priorities spanning a wide array of issues. This week alone, the House has voted to repeal in-state tuition for illegal immigrants, institute union member paycheck protection, strengthen late-term abortion reporting, require parental consent for a minor to have an abortion and ensure that voters show photo identification. Although the Senate is refusing to move toward the common ground shared by the House and Governor on the rescission bill, the House is standing firm on a responsible ending balance for FY 2011. In the second half of the session, the House will focus on the budget, tax issues and the Governor’s call for school finance litigation reform.

Below is an overview of This Week at the Statehouse, Words to Watch, a preview of upcoming events and this week’s Kansas Trivia Questions.

This Week at the Statehouse

Conference Committee on the Governor’s Rescission Bill

The largest difference between the House and Senate proposals is the method of addressing maintenance of effort funding for special education to avoid loss of federal funds.

Because the final calculation of maintenance of effort has not been determined, the House offered to fully fund the maintenance of effort once the necessary dollar amount is determined and certified by the Commissioner of Education, Director of Legislative Research, and the Director of Budget. According to the House plan, funding for maintenance of effort would come from 2011 KPERS funds which would be immediately repaid in 2012.

The Senate rejected the House proposal and countered with an offer to withdraw $69 million from KPERS with $21 million going to a reduced maintenance of effort and the reminder adding to the SGF balance. Although the Senate plan would increase the ending balance for FY 2011, it does not address repayment of the millions withdrawn from KPERS. The House rejected this recklessness with KPERS funding and reiterated its willingness to meet again when the Senate was ready to make a responsible offer.

In-State Tuition for Illegal Immigrants

The House voted 72 to 50 to repeal the 2004 law that requires public universities and colleges to give in-state tuition to illegal immigrants who have attended at least three years of high school in Kansas. The change would require students of families in the United States illegally to pay the same tuition rate as citizens from other states.

According to the Board of Regents, four-hundred and thirteen such students enrolled at Regent institutions last fall.

Paycheck Protection Passes Despite Union Efforts to Intimidate

On Thursday, the House voted 76 to 45 to prohibit unions from automatically withdrawing dues from members’ paychecks to be used for political action committees. This legislation protects workers from forced and coerced political contributions.

Seven other states have passed similar legislation. The United States Supreme Court has unanimously upheld the constitutionality of paycheck protection provisions.

Approximately fifty union members and their registered lobbyists were present in the House gallery for the vote but had to be escorted out of the visitors’ area by security personnel after an organized effort to influence the final action vote by shouting at House members. The event was unprecedented, inappropriate and ineffective. The measure passed overwhelmingly.

Increased Reporting for Late-Term Abortion and Recognition of Fetal Pain

Also on Thursday, the House passed two key pieces of pro-life legislation with a strong margin. HB 2035, which strengthens late-term abortion reporting requirements and includes parental consent provisions, passed 95 to 26. The second bill, HB 2218, greatly restricts abortions after twenty-one weeks when medical research indicates a baby can feel pain. HB 2218 passed 90 to 31.

A majority of the provisions are late-term abortion reporting and disclosure reforms that have passed the legislature multiple times only to be vetoed by governors who were not pro-life. However, Governor Brownback has promised to sign this legislation when it reaches his desk.

Voter Identification or the Secure and Fair Elections (SAFE) Act

This legislation ensures the votes of Kansans are protected from being canceled out by ballots cast illegally. It requires voters to show photo identification at the polls. Documentation that qualifies includes college ID cards and expired drivers’ licenses for voters over sixty-five years of age. The SAFE Act enhances the integrity of the election process by requiring new voters to show documentation rather than simply marking a checkbox to confirm citizenship.

Misclassification

By mirroring the federal law, HB 2135 defines misclassification of employees as independent contractors in order to evade tax withholding, contribution requirements. This legislation was important to the business community and passed 85 to 34.

Words to Watch

Final Action – A day after a bill passes the Committee of the Whole (COW) which allows amendments by the full House, the House Rules require the bill to lay over for a day before the Final Action vote that will pass the legislation to the Senate. Final Action votes are normally taken at the beginning of the daily session. During Final Action, members must be in their seats and staff, guests and visitors are not allowed on the floor at that time.

Emergency Final Action (EFA) – Most often seen on Fridays, Emergency Final Action allows legislators to leave for home rather than having to vote on a Saturday. If a majority of the House votes to suspend the rules that require bills to lay over a day between being worked in the COW and a Final Action vote, bills can go to Final Action on the same day they pass the COW.

Call of the House – If a legislator is not present for a Final Action vote, members can request a call of the House to hold the vote until the absent legislator arrives to cast his or her vote. If ten members raise their hands during Final Action, a call of the House is in order. During a call of the House, the doors are shut and members cannot leave unless excused by the Speaker. A close vote on a contentious issue can cause a call of the House that lasts hours.

Exempt Committees – There are three exempt House committees: The Appropriations, Taxation and Federal and State Affairs Committees. Bills introduced into, or ever touching, these committees are exempt from session deadlines; they have been “blessed.”

Looking Ahead

Since Saturday is the official “Turn Around” day, the Legislature will not meet on Monday and Tuesday of next week to allow staff an opportunity to catch up on the flood of legislation switching chambers. When the Legislature meets on Wednesday, committees will begin holding hearings on exempt bills or legislation that has passed from the opposite chamber. On General Orders, the House will focus on exempt bills until committees have had an opportunity to pass out Senate bills.

Kansas Trivia Questions

Question: What World War II pilot took part in tests of the first atomic bomb and was killed during a test flight in 1948?

Answer: Daniel H. Forbes, Jr. Forbes Airport in Topeka is named after him.

Question: In 1911, Ella Wilson, mayor of Hunnelwell, caused a stir by nominating Rosie Osbourn as chief of police. The conflict was finally settled when what entity fined the men on the city council for “having made life miserable” for the mayor?

Answer: The Kansas Supreme Court.

Question: The Kansas Capital has been located in what five locations?

Answer: Fort Riley, the Shawnee Mission, Lecompton, Lawrence and Topeka.

Question: The Kansas flag has not been changed since its adoption in 1927, with one exception. During the state’s centennial, what was added to the flag?

Answer: The word “Kansas.”

Question: Julius Wayland moved to Girard in 1896, bringing his national newspaper with him. Between 1900 and 1910, the circulation reached a half-million, making Girard one of the busiest post offices in Kansas. What was the name of Wayland’s paper?

Answer: Appeal to Reason.

Week Four – February 4

Week 4 started with flurries of snowflakes Monday which quickly erupted into a full-fledged blizzard, bringing Topeka to a screeching halt for three days. I hope that all my constituents stayed safe and enjoyed a little down time with their families while school was out. Even though the Capitol looked closed, many of my fellow legislators and I worked. I also saw lots of folks in the Governors’ office. As the Capital reopened Thursday, every Legislator put on his or her track shoes to stay paced with a very packed schedule. I appreciate all who have emailed me with their thoughts and plans are in the works for Town Hall Meetings.

The Budget HB 2014

Next week the House is expected to debate and vote on House Bill 2014. This legislation, as proposed by Governor Brownback, freezes the state budget for the 2011 fiscal year and makes an additional $120 million in cuts and transfers. If passed in its current form, the bill would create a $35 million surplus in the State General Fund for this fiscal year.

On Monday, the House Appropriations Committee scaled back an earlier proposal to cut the pay of state employees by 7.5 percent. The new proposal cuts just the salaries of certain state officials, including elected officials, agency heads, university leaders and state employees making $100,000 by 7.5 percent. I await the final draft before I weigh in on this bill. Please let me know your thoughts and concerns if the pay reduction affects your livelihood. Keep in mind that a dollar saved in the 2011 budget is like two dollars in the 2012 budget making it easier to meet the expected burden.

Residential Fire Sprinkler Systems HB 2088

After serious debate during the 2010 session the legislature approved a one-year ban on municipalities requiring the installation of sprinkler systems. The issue resurfaced this year to remove the one year provision in current law to make it permanent.

The 2011 version, HB 2088, provided one of the first substantive debates in the House this session. It would permanently prohibit cities and counties from adopting and enforcing any ordinance, code or policy that requires the installation of a multi-purpose residential fire protection sprinkler system in a residence. In addition, cities and counties would be restricted from requiring a sprinkler system to be installed before being considered and approved for a building permit.

Although the State Government is concerned for the safety of all Kansan's, requiring citizens to install sprinkler systems walks a fine line on the boundaries of personal freedom. These systems added an unexpected cost to construction projects and the one year reprieve was a positive step. Making it a permanent ban on such a requirement will assure each Kansan that spending money on these types of systems will be their choice. The House debated HB 2088 on Friday, February 4, and is expected to take a final vote on the bill early next week. Always looking for your thoughts on limited government and over burden regulations that prevent your company from being competitive in business.

House Rules HR 6004

The other major issue of note this week was the adoption of House rules. Typically, this is not controversial as the rules are adopted early in the session and without much fanfare. Most of the rules in House Resolution 6004 are technical and merely solidify the long standing practices in the House of Representatives. This year was different though, as the House aimed to craft rules that would alter one of the fundamental rules governing our budget building procedure.

The new rule, commonly known as PayGo, requires any amendment to an appropriations bill to be cost neutral. If a legislator proposes an amendment that requires additional spending, their amendment must also include a way to pay for that specific expenditure. This eliminates the ability for members to propose new spending measures without a viable funding mechanism.

This rule is unprecedented in Kansas, and has never been adopted by either chamber in the Kansas Legislature. The final vote on the HR 6004 is expected early next week. Adoption of the rule is a first step in re-thinking the way we budget as a state. Strained resources will continue forcing us to place an emphasis on prioritization of funds and realistic budgeting practices. PayGo will assist in this regard–and I’m convinced it will have an impact on the way we assemble our state budgets each year. As you remember, I campaigned on ushering in a new era of Fiscal Responsibility in Topeka and look forward to the vote next week.

Bills Being Heard By Committees Week 4

• HB 2129 Healthcare Freedom Amendment (Note: As this bill was being introduced, Florida struck down the federal mandate as unconstitutional that all Americans have to purchases health insurance. This is a victory for our individual freedoms as Americans and support for our state of Kansas entering the federal lawsuit against the National Healthcare Law)

• HB 2039 Extending Smoking Ban to State owned Casinos

• HB 2035 Abortion Regulation - Cosponsor

• HB 2067 Voter Identification Bill SAFE Act - Cosponsor

• HB 2059 Requiring Second Hand Stores to Verify Sellers and Maintain Records

• SB 54 Expanding the Sales of Liquor

Please feel free to track these Bills( http://www.kslegislature.org/li/b2011_12/year1/measures/ ) as they make their way to the House floor for debate. If you would like an individual meeting, I’d be happy to arrange one or call my office at 785-296-7677 or email Terry.Calloway@house.ks.gov.

Just a reminder that Sunday, February 06, 2011 marked the 100th Birthday of President Ronald Reagan. He was a great “Communicator” to all and changed the course of our country through his wisdom. I take this opportunity to wish this beloved President Happy Birthday.

Thank you for the honor of serving you.

In service to Kansas,
Terry L. Calloway,
Kansas House of Representatives
District 3 Representative

www.terrycalloway.com
www.linkedin.com/in/terrycalloway
www.twitter.com/terrycalloway
www.facebook.com/CallowayForThePeople

LEGISLATIVE UPDATE, JANUARY 28TH, 2011

“Governments do not reduce deficits by raising taxes on people; governments reduce deficits by controlling spending and stimulating new wealth”. Ronald Reagan

We have just completed day 17 of the session and all committees are in the process of doing what they do. Most all of them have received briefing from the various Division or Agency heads and we all have received the governors proposed budget.

This week we celebrate the 150th anniversary of Kansas’ statehood with a special singing of “Home on the Range” on the House Floor. During these turbulent financial times for our state, we must remember in the course of our history we have weathers far worse times and have always been visionary when it came to our future as a state. I would like to remind everyone that I have been somewhat consumed these last weeks and if there is some important event that I should know about, please send me an email with details. I certainly would like to hear from you.

2011 Session, week three

As I’ve indicated in earlier updates, the main focus of this session will be addressing the $550 million state budget deficit and repairing the Kansas economy. The first step in addressing the budget comes in the form of House Bill 2014 which freezes the state budget for the 2011 fiscal year. The bill, as presented by Governor Brownback, makes approximately $120 million in cuts, orders several funding transfers and would create a $35 million surplus in the State General Fund for this fiscal year. This week the House Appropriations Committee held hearings and began working on amendments to HB 2014. As they continue to fine tune this piece of legislation, I will look forward to the final draft in order to see the complete picture and how it will affect our district.

Simultaneously, the Senate is working on its own version of the budget bill through a similar process. Once the House and Senate pass their respective versions of the budget, a compromise will bring the final bill for a vote. . If passed by both, the budget finally makes its way to the governor for his signature or veto. If you have a question on the budget or are concerned about funding cuts that could affect your family, please feel free to email me with your concerns.

Arts Commission Funding

Many constituents have contacted me to express their concern over the restructuring of the Kansas Arts Commission (KAC). There is no question the non-profit arts and cultural sector is a growing market in Kansas. However, as we continue to face astounding revenue declines we must find a way to restructure government while focusing on providing essential services. To provide an example, with the amount of money saved by restructuring KAC, we would keep 60 developmentally disabled children on our state wavier program – providing them the care they desperately need.

The Governor’s plan to restructure the commission as a non-profit is a viable option. The State of Vermont has successfully adopted a non-profit structure for their arts commission and several other states are contemplating similar proposals. The National Endowment for the Arts (NEA), which provides federal funding for the KAC, has threatened that federal money may not be available as a result of this action. However, the enabling legislation for the NEA has also been thoroughly reviewed and no requirement for state funding to match federal funding has been found. The Governor has extended a $200,000 budget for the transition into a private non-profit organization called “Kansas Arts Council”. While this will continue to be an issue of concern, please rest assured that I am committed to ensuring the arts do not suffer.

Expanded Liquor Sales

This week legislation was introduced that would allow grocery and convenience stores to sell full-strength alcoholic beverages. Currently, gas stations, grocery stores and convenience stores are limited to selling 3.2 beer and wine coolers. The bill (Senate Bill 54) would also allow liquor stores, who are currently limited to selling just alcoholic beverages, to sell food, gas and other items.

As a business owner in our District, I have firsthand knowledge of the investment one must make to be successful. This bill (SB54) would affect many Mom & Pop businesses in our community, so I am asking for your opinion on SB 54. As always, if you feel it is important to speak to me personally, my phone number is 785-296-7677. A topic like this will usually have many layers, so it’s important to research all of our opinions thoroughly before reaching a conclusion. I look forward to hearing from you.

Education Committee Notes

We have spent much time going over the way our schools are funded. It is a very complicated formula that addresses unique differences for schools across Kansas to make sure all children have the same opportunities when it comes to their education. Fortunately, we have heard testimony from many experts in the Education field on an array of subjects covering everything from Funding Formula’s to Education Reform.

Kansas Policy Institute unveiled a new website, www.kansasopengov.org , that will be a useful tool in analyzing State wide average revenue per pupil, spending per pupil, and a tool to compare school district to one another. This information has been compiled from state records and gives Legislatures, such as myself, a complete picture of funding Education in order to improve the formulas. I found the demonstration impressive and I encourage you as a taxpayer to check this site out. Very user friendly.

Education Reform was also addressed by Matt Ladner with the Goldwater Institute discussing the successful education reforms made by Florida. Although one reform cannot be considered the silver bullet, between 1998 and 2007 Florida was able to bring its NAEP reading scores at or above the basic level from 53% to 70%. This project has thrusted Florida into the national spot light as a leader in Education Reform.

This was a very thought provoking presentation and the need for our students to excel in the 21st century will depend upon Education Reform to meet higher goals. The House is looking at these and other reforms to improve the Kansas education system.

Legislative Bill Coming Up

SOS Kobach's Secure and Fair Elections (SAFE) Act HB 2067 was introduced which I am a co-sponsor, while The Kansas Healthcare Freedom Amendment is introduced Dr. Milton Wolf (President Obama’s cousin), Senate Concurrent Resolution 1626 House Concurrent Resolution 5032. I encourage you to read these bills & form an opinion. Here are the links: http://www.kansashealthcarefreedom.com/ http://www.kslegislature.org/li/b2011_12/year1/measures/hb2067/

Additional Notes:

You may hear proposals and learn of proposed legislation that is quite innovative and forward thinking, and yes some proposals can be quite troubling. My recommendation is if you hear of something that causes you concern contact my office to express your concerns and voice your opinion.

I have received many comments from individuals expressing concern over the proposed 7.5% pay cut in state employee pay. Feel free to offer your option or counter offer to anything that is proposed. Right now as I understand it the proposal would be a reduction in operating overhead equal to 7.5% of the payroll. The department and agency managers have a choice as to whether to make direct payroll reduction or combining this with reductions from other areas of their last 6 weeks budget. In other words the entire reduction does not have to come from payroll. If we all start living below our means and really look at our expenses we can help ourselves.

Most requests for assistance on unemployment claims issues are for help making contact with the DOL to discuss the individual cases. Unfortunately many requests come from those that have exhausted their benefits and the 99 weeks of entitlement has expired. One would hope in that time that many have worked on training or schools to increase their job skills.

A major factor in long-term unemployment and the resulting absence from work is the loss of job skills. From a technical standpoint many lose competency quickly when they are not exposed to their normal work duties, training and retraining is a very necessary requirement.

New legislation is being proposed that will address topics that regularly pop up to include: raising the speed limit to 75 on some divided highways, repealing or modification of the smoking ban, abortion, Voter ID, budget shortfalls, water rights, farming practices, open records, and reorganization of state agencies. What do you think?

I am receiving some interest in having some of you come to Topeka for a “shadow” day. I remind you that we will not be in session April 3d-26th and after that only a couple of days in April for Veto Session and that will be it for 2011. If you want to talk about it, just get in contact with me.

I consider it an honor and privilege to be your Representative in Topeka and I want to know what you think.

Rep. Terry L. Calloway
3rd District

Week Two – January 20th

The second week of the 2011 legislative session was rather brief due to the Dr. Martin Luther King Jr. holiday and another round of measurable snow in the capitol city. However, work continued as committees meet regularly to address issues and legislation. In the next week or two, bills will start to make their way out of committee and head to the House floor for debate and final vote. As always, I’ll keep you updated. Please stay involved and let me know your thoughts on the measures under consideration.

The main focus of this session is, and will continue to be, addressing the $550 million budget deficit and repairing the Kansas economy. Again this week, the focus of most topics ultimately revolved around the bottom line. The first step in dealing with the budget came with introduction of House Bill 2014 which includes Governor Brownback’s proposal to freeze the state budget for the 2011 fiscal year. The measure makes approximately $120 million in cuts and orders several funding transfers. If passed in its current form, HB 2014 would create a $35 million surplus for the State General Fund in FY 2011. Considerable thought, compromise and consideration must be taken while considering HB 2014 but my hope is the House acts quickly on this legislation so we can turn our focus to the additional budget issues that need our attention.

Reforming State Government

This week Governor Brownback and Lt. Governor Colyer with House and Senate leaders announced plans to address the financial problems facing Kansas by implementing structural reform to state government. Issues specifically targeted for restructuring are KPERS, Medicaid and a definition of suitability concerning education. These are each major tasks, so the Governor has split the list and handed each chamber an assignment.

The Senate was charged with addressing our public employee retirement system, KPERS. Currently, KPERS has an unfunded liability of $8 billion dollars. In terms of actuarial solvency, recent studies have shown Kansas to have the second worst state pension system in the United States, falling only behind Illinois. Pension programs nationwide have been hit hard but the stuttering economy has compounded our structural deficiencies within the system and will continue to do so unless substantive reform measures are taken to improve the stability of the pension fund.

Governor Brownback assigned the Kansas House of Representatives with defining the term ‘suitable education.’ Existing school finance law lacks clarity in this regard, and the Governor is asking us to determine what this term will define. It’s a decision that will have considerable impact on educational funding issues, and I anticipate it will be one of the most challenging issues we face this session. The Legislature has done its best to provide schools with equitable funding in a down economy and most of us in the legislature believe the taxpayers of Kansas want their tax dollars heading to the classroom and not the courtroom. I look forward to participating in this conversation, and I’m confident we’ll find a reasonable solution.

Lt. Governor Colyer has been tasked with the restructuring of the state’s Medicaid program. A doctor himself, Colyer will be working with a sub-cabinet to review and recommend reform proposals to improve the quality of care for Kansans on Medicaid, control the costs of Medicaid, and make long-term improvements on the quality of health and wellness of Kansans.

House Bill 2035

As your State Representative from District 3, I take great pride in being one of the 60 co-sponsors of this bill. It would be gratifying in my first term to see this Bill become Law that will protect the unborn.

House Bill 2035 was authored by Representative Lance Kinzer and already has over 60 co-sponsors in the House. The bill aims to restrict late term abortion procedures, expand parental consent requirements for minors seeking abortions and strengthens the state’s partial birth abortion law to where it better aligns with tighter federal law. This particular measure is a combination of legislation passed during prior sessions that was vetoed by democratic governors Sebelius and Parkinson.

Key provisions of HB 2035:

• Requires a specific medical diagnosis for a late-term abortion to occur
• Requires women seeking abortions to be provided with information that states they procedure will terminate the life of a human being
• Allows for civil lawsuits against doctors who violate late-term abortion law
• Mandates additional reporting of sex abuse evidence on minors wanting an abortion
• Requires both parents of a minor to consent to an abortion if the minor comes from a stable home that shows no evidence of abuse
• Clarifies when courts can bypass parental consent requirements

House Bill 2039 – Smoking Ban

Introduced on Wednesday, HB 2039 removes the gaming floor exemption found in the current statewide smoking ban. The current statewide smoking ban allows smoking on the gaming floor of racetrack and gaming facilities. HB 2039 has been referred to the House Health and Humans Services Committee for consideration.

Voter Identification Legislation

Secretary of State Kobach has worked diligently with the Kansas House in order to pass Legislation that will restore the integrity of our election results by requiring voters to show a photo ID. Being 1 of the 35 co-sponsors for this piece of Legislation, I am hopeful that this Law will protect your right to vote as a citizen of this great state and move our election system to a higher level of security.

This week Secretary of State Kris Kobach announced his intention to introduce legislation that would require all voters to show photo identification before voting, require proof of citizenship when registering to vote, and extend the power to prosecute alleged cases of voter fraud to the Secretary of State’s office. Titled the SAFE Act (Safe and Fair Elections Act), the measure has over 35 co-sponsors in the House and is expected to be passed and signed into law by Governor Brownback.

The measure would require Kansans to show a birth certificate, passport or other proof of citizenship when registering to vote. At the polls, voters would have to show government issued photo ID before casting their ballot. The Act would require voters who request an advance or mail-in ballot to include with the ballot application their driver’s license number or a photocopy of their ID.

Opponents argue the measure is a modern day poll tax that disenfranchises the disabled, poor and elderly. In response, current provisions in the bill allow low-income Kansans to get a free ID or birth certificate if they reside in a household with an annual income of 150 percent of the federal poverty level (approximately $33,000 for a family of four). For residents over the age of 65, an expired driver’s license or photo ID can be used in lieu of a current form of photo ID.

Additional Information

On a side note, I have had many inquiries about the dismantling of the Arts Commission. Many constituents have taken the time to send an email with their concerns and I appreciate hearing from them. As of right now, the Commission is taking the steps to move to a 501 3C status and as updates become available about their eligibility to receive grants from the National Endowment for the Arts, I will make sure to keep you in the loop.

I have also spent a good amount of time meeting with officials about the status of the Hwy 69 Project and you can be assured my top priority is to bring you some answers from Topeka. Even with the project at a stand- still, I have forwarded my concerns to the governor concerning the Right-Away purchase of the land & the limbo it has placed these land owners in. It is important that the state make their intentions or plans known soon so I can make this information available to you.

As always, I hope you are tracking the legislature’s work in Topeka and, if possible, take the time to visit this session. If you would like an individual meeting, I’d be happy to arrange one. In the meantime, I’m always anxious to hear your thoughts on how the issues discussed in Topeka affect you. Reliable feedback is very important in making sure I’m accurately representing my friends and neighbors here in the district. Please feel free to call 785-296-7677 or email Terry.Calloway@house.ks.gov and I’d be happy to discuss any topic you are interested in.

Thank you for the honor of serving you.

In service to Kansas,
Terry L. Calloway,
Kansas House of Representatives
District 3 Representative

Terry Calloway has won the Primary Election in a landslide.  Please follow this link to the Morning Sun to read the coverage after the votes were counted.

Following is a list of questions asked of Terry Calloway and the answers he submitted for the Primary Election held on August 3rd.

1. Why do you believe you are best qualified to be state Rep.?

I feel that I am most qualified because of my business experience, specifically, the years of experience in creating opportunities for jobs and business to exist. It will be important not only for the next Representative to help to create jobs and spur economic growth, but to come up with a long-term plan to make sure that jobs and new business are here tomorrow, next week, next year and beyond. For this to become a reality at the state level, we need experienced individuals capable of making it happen.

I know what we are up against because I have lived it. I know what it takes to rebound and emerge stronger and better than ever. The key is how we respond, the actions we take and the hard work we're willing to put in. I've lived it myself, and I know what it takes to right the ship. In 1987, while I was working for McNally Manufacturing, I was laid off, and they closed their doors. When all seemed lost, I realized the opportunities before me. Though times were tough, I returned to college, earned a degree from Pittsburg State University and opened my own small business. I've built it up, and modified it when necessary, to remain competitive. That's what it takes when times are tough — hard work, focus and efficiency. That's the discipline I'll take to Topeka when I'm elected to represent the people of the Pittsburg Area.

As the owner of a successful small business for over 20 years, I have been bringing work from businesses and school districts all over the country to be performed by employees in Pittsburg. I have learned how to deal with the ups and downs of the economy and weather the storm when revenues fall short of projections.

I have a strong, proven background in creating jobs, balancing budgets, and eliminating inefficiencies.

2. What in your opinion, is the most pressing issue facing the office for which you are running?

The most pressing issue facing the next Representative will be to create jobs now, by doing everything in their power to spur and stabilize economic growth in Southeast Kansas.

Writing legislation for job creation takes time and that is something that the people of the Pittsburg area simply do not have. It is imperative that we immediately examine the existing resources we have and how they can be reallocated to create jobs today.

We also need a longterm fix, which includes less taxes that will keep more money in the economy where businesses and individuals operating in the free market can make the most of their opportunities. We need to seek other solutions to shortfalls before implementing more taxes that essentially hock our children's future for short-term gains.

In addition to working to solve our most pressing issue of jobs and economic growth, we must work to eliminate inefficiencies in government spending. Spending has increased over the past six years while the budget has decreased. This type of fiscally irresponsible governing is inexcusable.

3. How do you intend, if elected, to carry out your goals?

If elected, I will work with people and organizations on the state and local level to create incentives for businesses to locate in the Pittsburg area or to expand their operations to this area. I will also work to create tax-based incentives for the hundreds of existing businesses. It is not only important to attract new business development; we have to take care of what we have. We have to help them prosper so they can grow and offer new jobs and take care of the employees that they have.

Only through a collaborative effort, working with others, will our next Representative be able to achieve a voice powerful enough to cause the rest of the state to stop and listen. Instead of focusing on a personal agenda, I will build a strong coalition of legislators to accomplish our common goals in Kansas.

I will work with the newly elected Governor and State's Commerce Secretary to get economic development funds allocated to the Pittsburg area.

I'll be creative in finding solutions, such as the creation of new jobs by giving businesses incentives to locate in Kansas communities or expand their current facilities here.

I'll fight for small businesses so they can provide adequate health care benefits for their employees.

Leaning on my years of business experience, I'll make sure state revenue is used wisely and carefully and our tax dollars are not spent on an ever-expanding government.

For release: May 19, 2010

Contact: Terry Calloway, 301 Winwood Drive, Pittsburg, KS
620-231-6727, terry@terrycalloway.com
www.terrycalloway.com

Calloway announces candidacy for House, District 3 seat
PITTSBURG – Recognizing the need to attract new businesses and industry and to maintain and improve infrastructure in the Pittsburg area, longtime businessman Terry Calloway announces his candidacy for the Kansas House, District 3 seat.

Calloway is the President and CEO of Data Technique, Inc., Pittsburg, a computer technology-consulting firm he founded in 1986. He also has served as a visiting instructor at Pittsburg State University and served as a part-time instructor for (P.O.M.C./Fort Scott College Ext.) - lecturing adult classes in microcomputer software use and application.
Calloway earned a degree in computer science from Pittsburg State University and was awarded the PSU Outstanding Alumnus Award in 1999.

“I am running for office because there are great opportunities for growth in Pittsburg that have been overlooked. The job of 3rd District Representative doesn’t stop with legislation and I want to fulfill the whole job responsibility” says Calloway, who also sought the District 3 seat in 1998. “As a business owner and former Planning and Zoning Commission member, I have worked closely with city and county officials through the years. This experience and knowledge would prove beneficial for the position as city, county, and state officials need to work closely together to advocate as a united voice in an effort to make a difference for the people of Pittsburg. Listening to the needs of business is what I do for a living and as a legislator, I would listen and represent the needs of both the people of Pittsburg and our business community.”

Noting strong needs to improve and develop highways in southeast Kansas, Calloway cites transportation as a key ingredient to economic development. “I am very concerned about the deterioration of the airport and highway infrastructure in Kansas,” he said. “As a legislator, I would work to see we are better positioned to receive early funding, both State and Federal Dollars.”

Calloway’s company, Data Technique, Inc. was named one of Inc. magazine’s “Fastest Growing Companies in America” in 2006 and has twice been named a Novell Partner of the Year. Calloway’s company has employed over 235 technical and professionals since incorporating in 1988. These individuals work for clients in a number of settings, including over 25 school districts in Kansas and many colleges and universities including Missouri Southern State University, The University of Kansas and Kansas State University. Some corporate clients include Wal-Mart, Learjet, United Missouri Bank and Ameren.

Among Calloway’s past and present community and volunteer service positions have included: Pittsburg Planning and Zoning Commission Chairperson, Pittsburg Airport Advisory Board Chairperson, South Broadway Baptist Church Board of Trustees, Pittsburg Area Chamber of Commerce, PSU College of Business Board of Advisors, Pittsburg Rotary Club, and Civil Air Patrol. Terry has also served on advisory boards of many information technology corporations including CMP Media, and Everything Channel. In the early 1990’s he also served on Novell Inc.'s first Internet Advisory Council.

Planning for the campaign began back in January and the “Calloway for Kansas House” committee was quickly formed with a number of volunteers eager to support his race. Former Pittsburg City Commissioner Mary Judene Nance is the Campaign Chairperson while former BKD Partner Richard Oler will serve as Treasurer.

Looking to the future for Kansas, Calloway wants to represent the people of the Third District and ensure they can look forward to a strong quality of life. “While the economy continues to make progress, there are opportunities and companies are looking to grow with communities who are forward-looking. I want Pittsburg to be that “forward-looking” community and provide benefits to our citizens. We can, once again, be a thriving community. I will work diligently in the capacity of your representative to ensure that there are favorable conditions for more jobs to be brought to Pittsburg.”

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