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Kansas Supreme Court legislates from the bench
Republican senators vented their frustration Thursday night over a court order to increase school funding but reached only one conclusion: They won’t raise taxes in the special session that begins next week.
Senate President Steve Morris said he anticipates the Senate ultimately will comply with the Kansas Supreme Court’s order for an additional $143 million for schools.
“We’ve all taken an oath to uphold the constitution,” he said after the meeting. Twenty-one of the Senate’s 30 Republicans attended the meeting at Emporia State University.
Several members of the caucus, however, want to resist the court’s order, arguing that the Kansas Constitution gives only the Legislature the authority to appropriate money.
And Senate compliance with the court order may set up a showdown with the House, where resistance to the court’s directive appears even stronger.
Sen. Ralph Ostmeyer, R-Grinnell, said constituents who have contacted him are almost universally opposed to complying with the court.
“Are we destroying the elective process?” he asked. “If we let this go, what are we needed for?”
Stephen McAllister, dean of the law school at the University of Kansas, fielded questions about the decision for more than an hour, including whether lawmakers should comply with the court.
“My best advice, frankly, probably would be to fund this,” he said. "The last thing this state needs is a constitutional crisis.
“But I’m not an elected official, and I’m not your lawyer,” he added.
The court issued its decision June 3 in a lawsuit filed six years ago by midsize school districts, claiming their students were treated unfairly under the school funding law and that the overall system was inadequate.
Lawmakers increased school funding by $142 million during the regular session this year, but the court ordered that more than doubled. It cited a consultant’s study, commissioned by the Legislature, as the only credible cost analysis available.
If lawmakers don’t complete a valid new school cost study and act on it during next year’s session, the court said, it may order an additional $568 million in funding.
Sen. Phil Journey, R-Haysville, proposed at Thursday’s meeting that lawmakers take the issue to voters.
He wants to amend the state constitution, removing the word “suitable” as it applies to school finance. Instead, it would say schools will be funded “in a matter and amount as determined by the Legislature.”
“It basically would moot the case,” Journey said.
A constitutional amendment requires approval of two-thirds of the House and Senate and a simple majority of voters.
Gov. Kathleen Sebelius scheduled a special session of the Legislature – the first in 16 years – shortly after the court issued its ruling.
On Wednesday, she urged lawmakers to approve casino gambling as a way for the state to generate more money for schools in the future.
New revenue estimates released this week show the state can afford to comply with the $143 million court-ordered increase without higher taxes or other money this year. However, projections show a deficit the following budget year.
Sen. Jay Emler, R-Lindsborg, said lawmakers need to explore ways to make the funding law constitutional without big increases in taxes. Implementing the full cost of the consultant’s recommendations would take about $853 million, but pension contributions for teachers would push the figure even higher.
“I don’t care what the mix (of taxes) is, a billion-dollar tax increase is going to be devastating,” he said.
Republican senators vented their frustration Thursday night over a court order to increase school funding but reached only one conclusion: They won’t raise taxes in the special session that begins next week.
Senate President Steve Morris said he anticipates the Senate ultimately will comply with the Kansas Supreme Court’s order for an additional $143 million for schools.
“We’ve all taken an oath to uphold the constitution,” he said after the meeting. Twenty-one of the Senate’s 30 Republicans attended the meeting at Emporia State University.
Several members of the caucus, however, want to resist the court’s order, arguing that the Kansas Constitution gives only the Legislature the authority to appropriate money.
And Senate compliance with the court order may set up a showdown with the House, where resistance to the court’s directive appears even stronger.
Sen. Ralph Ostmeyer, R-Grinnell, said constituents who have contacted him are almost universally opposed to complying with the court.
“Are we destroying the elective process?” he asked. “If we let this go, what are we needed for?”
Stephen McAllister, dean of the law school at the University of Kansas, fielded questions about the decision for more than an hour, including whether lawmakers should comply with the court.
“My best advice, frankly, probably would be to fund this,” he said. "The last thing this state needs is a constitutional crisis.
“But I’m not an elected official, and I’m not your lawyer,” he added.
The court issued its decision June 3 in a lawsuit filed six years ago by midsize school districts, claiming their students were treated unfairly under the school funding law and that the overall system was inadequate.
Lawmakers increased school funding by $142 million during the regular session this year, but the court ordered that more than doubled. It cited a consultant’s study, commissioned by the Legislature, as the only credible cost analysis available.
If lawmakers don’t complete a valid new school cost study and act on it during next year’s session, the court said, it may order an additional $568 million in funding.
Sen. Phil Journey, R-Haysville, proposed at Thursday’s meeting that lawmakers take the issue to voters.
He wants to amend the state constitution, removing the word “suitable” as it applies to school finance. Instead, it would say schools will be funded “in a matter and amount as determined by the Legislature.”
“It basically would moot the case,” Journey said.
A constitutional amendment requires approval of two-thirds of the House and Senate and a simple majority of voters.
Gov. Kathleen Sebelius scheduled a special session of the Legislature – the first in 16 years – shortly after the court issued its ruling.
On Wednesday, she urged lawmakers to approve casino gambling as a way for the state to generate more money for schools in the future.
New revenue estimates released this week show the state can afford to comply with the $143 million court-ordered increase without higher taxes or other money this year. However, projections show a deficit the following budget year.
Sen. Jay Emler, R-Lindsborg, said lawmakers need to explore ways to make the funding law constitutional without big increases in taxes. Implementing the full cost of the consultant’s recommendations would take about $853 million, but pension contributions for teachers would push the figure even higher.
“I don’t care what the mix (of taxes) is, a billion-dollar tax increase is going to be devastating,” he said.
