Kansas Gov. Sebelius Signs 2010 Budget And Calls For Further Savings, Spending Cuts

Governor urges legislature to implement savings to spare schools and vital services

April 13, 2009 -- Kansas Governor Kathleen Sebelius has signed the 2010 State Budget while calling on legislature to enact her proposals to save the state millions of dollars – money that can be used to guard against deeper cuts to public schools and safety net services.

“In January, I presented the legislature a balanced budget for Fiscal Year 2010 that cut state spending while protecting our schools and our most vulnerable Kansans. In the months following my budget proposal, it became clear that state revenues would continue to decline dramatically as a result of the national economic recession. That’s why my budget, and its subsequent budget amendments, proposed millions of dollars in additional savings.

“Unfortunately, the legislature chose not to take action on a number of these cost saving measures. Consequently, the additional cuts to education and services the legislature has imposed in this bill give me pause, particularly when they chose to leave millions of dollars in revenue on the table that would have made these cuts unnecessary.

“Furthermore, the American Reinvestment and Recovery Act provides Kansas an opportunity to protect our investment in our children’s education. Because there is still uncertainty regarding the minimum threshold of funding a state must maintain to access these funds, we should not put this funding in jeopardy. I encourage the legislature to reconsider the revenue enhancements they have chosen to ignore, before further slashing education and other vital state services.

“Therefore, pursuant to Article 2, Section 14 of the Constitution of the State of Kansas, I hereby return Senate Substitute for House Bill No. 2354 with my signature approving the bill, except for the items enumerated below,” Sebelius said.

Kansas Savings Incentive Program

KSIP Authorization

Sections 30, 98(i), and 100 have been line-item vetoed in their entirety.

As part of my budget recommendations, I abolished this program and swept available monies to the State General Fund. The legislature chose to reinstate the program for FY 2010. This action is contrary to the purpose of strategically reducing agency budgets and should be reconsidered.

Kansas Technology Enterprise Corporation

Agency Status

Section 56 has been line-item vetoed in its entirety.

I believe that the State of Kansas has an important role in encouraging economic development and helping Kansas get through economically difficult times. The challenges that Kansas has experienced with the downturn of the economy also bring great opportunities. Kansas needs to reexamine its economic development efforts to ensure that they are focused, efficient and positioned to grow the economy in the future. In light of recent evaluations of the Kansas Technology Enterprise Corporation (KTEC), and given our limited state resources, it makes little sense to use the same system and expect different results. KTEC, under its current organization and operation, has struggled to produce a solid return on our investment in recent years. Therefore, I veto this section to allow the legislature to thoroughly review this program to ensure Kansas is positioned to develop a strong economy for years to come.

Regents System

Use of State Fiscal Stabilization Fund Monies

That portion of Section 72(b) that reads as follows has been line-item vetoed:

“Provided, That expenditures made from the federal higher education fiscal stabilization fund—Fort Hays state university shall be expended only for deferred maintenance.”

That portion of Section 73(b) that reads as follows has been line-item vetoed:

“Provided, That expenditures made from the federal higher education fiscal stabilization fund—Kansas state university shall be expended only for deferred maintenance.”

That portion of Section 74(b) that reads as follows has been line-item vetoed:

“Provided, That expenditures made from the federal higher education fiscal stabilization fund—Kansas state university extension systems and agriculture research programs shall be expended only for deferred maintenance.”

That portion of Section 75(b) that reads as follows has been line-item vetoed:

“Provided, That expenditures made from the federal higher education fiscal stabilization fund—Kansas state university veterinary medical center shall be expended only for deferred maintenance.”

That portion of Section 76(b) that reads as follows has been line-item vetoed:

“Provided, That expenditures made from the federal higher education fiscal stabilization fund—Emporia state university shall be expended only for deferred maintenance.”

That portion of Section 77(b) that reads as follows has been line-item vetoed:

“Provided, That expenditures made from the federal higher education fiscal stabilization fund—Pittsburg state university shall be expended only for deferred maintenance.”

That portion of Section 78(b) that reads as follows has been line-item vetoed:

“Provided, That expenditures made from the federal higher education fiscal stabilization fund—university of Kansas shall be expended only for deferred maintenance.”

That portion of Section 79(b) that reads as follows has been line-item vetoed:

“Provided, That expenditures made from the federal higher education fiscal stabilization fund—university of Kansas medical center shall be expended only for deferred maintenance.”

That portion of Section 80(b) that reads as follows has been line-item vetoed:

“Provided, That expenditures made from the federal higher education fiscal stabilization fund—Wichita state university shall be expended only for deferred maintenance.”

That portion of Section 81(b) that reads as follows has been line-item vetoed:

“Provided, That all moneys credited to the federal higher education fiscal stabilization fund shall be expended only for deferred maintenance.”

That portion of Section 81(b) that reads as follows has been line-item vetoed:

“Provided, That all moneys credited to the federal higher education fiscal stabilization fund—community colleges shall be expended only for deferred maintenance.”

That portion of Section 81(b) that reads as follows has been line-item vetoed:

“Provided, That all moneys credited to the federal higher education fiscal stabilization fund—municipal university shall be expended only for deferred maintenance.”

That portion of Section 81(b) that reads as follows has been line-item vetoed:

“Provided, That all moneys credited to the federal higher education fiscal stabilization fund—postsecondary technical education shall be expended only for deferred maintenance.”

Early in FY 2009 the Kansas higher education system began to plan for the possibility that state support in FY 2010 could be as much as 7.0 percent below the approved level for FY 2009. Although the cuts are planned, they will have a significant and negative impact across the state’s system. However, given the enacted budget, the Board of Regents has stated that its plan would be to allocate the Recovery Act funds for deferred maintenance as well as tuition cost mitigation. The board notes that it would be unable impose a tuition freeze if the level of state support fell below what I have proposed for FY 2010. Now is not the time to make college less affordable.

My veto of the Federal Higher Education Fiscal Stabilization Fund provisos for FY 2010 will allow the Board of Regents to implement its plan and become a partner with the state in these challenging times. I therefore find it necessary to veto these constraints placed on the Federal Higher Education Fiscal Stabilization Fund.

Animal Health

Transfer of Federal Monies to the State General Fund

Section 93(f) has been line-item vetoed in its entirety.

The Greensburg Account of the Disease Control—Federal Fund was established to receive federal reimbursement for the Animal Health Department’s expenditures related to expenses incurred during the Greensburg tornado recovery and care of animals. This section, as written, does not follow proper accounting procedures for a transfer of these federal monies to the State General Fund. Given the enormous impact federal funds have on our budget, we must properly account for the monies.

The Governor signed an additional nine bills today, bringing the total number of bills signed in the 2009 Legislative Session to 92.

Establishing the State Educational Institution Project Delivery Construction Procurement Act

SB 9 establishes the State Educational Institution Project Delivery Construction Procurement Act which exempts capital improvement projects at state universities paid with non-state moneys from the typical state requirements for hiring architects, engineers and contractors. This legislation goes into effect after its publication in the Kansas Register.

Granting, suspending or revoking a retailer’s license by a municipality

SB 53 allows a county or a city certain discretion on whether to issue, revoke, or suspend a retail cereal malt beverage license to any person, partnership, or corporation if any member or stockholder of such entities owns or has owned a 25 percent aggregate of stock of such corporation. This legislation goes into effect after its publication in the Kansas Statute Book.

Exempting the conveyance of real property located within a certain redevelopment district

SB 60 exempts redevelopment districts within a federal enclave in Labette County from certain provisions of the law. This legislation goes into effect after its publication in the Kansas Statute Book.

Concerning the placement of sexually violent predators

House Sub. for SB 91 enacts a provision stating that no more than eight sexually violent predators can be placed in any one county on transitional release or conditional release.

This legislation also amends several provisions dealing with development rights. This legislation goes into effect after its publication in the Kansas Statute Book.

Concerning crimes, punishment and criminal procedure

SB 237 defines regulated scrap metal. This legislation also requires sellers of scrap metal to provide scrap metal dealers personal identifying information which the dealer would be required to record in a register.

This legislation makes it unlawful for any scrap metal dealer to purchase any items without obtaining a statement from the seller that each item is the seller’s own personal property and is not stolen; or that the seller is acting on behalf of the owner and has permission to sell the item or items. This legislation also prohibits the purchase of any junk vehicle without inspecting the vehicle and recording the vehicle identification number. This legislation establishes penalties of Class C and Class B misdemeanors and fines based on specific violations and the number of repeat violations.

Additionally, this legislation addresses the crime of traffic in contraband in a correctional institution to include any care and treatment facility where contraband is illegal. Furthermore, this legislation:

* Defines care and treatment facility to mean a facility operated by the Department of Social and Rehabilitation Services (SRS) for the purpose of care and treatment of involuntarily committed sexually violent predators;
* Defines firearms, ammunition, explosives, or a controlled substance as contraband, a severity level 5, nonperson felony, in a care and treatment facility;
* Authorizes the Secretary of SRS to define contraband by rules and regulations and make traffic in contraband of this type of contraband in a care and treatment facility a severity level 6, nonperson felony; and
* Makes traffic in contraband in a care and treatment facility by an employee a severity level 5, nonperson felony.

This legislation goes into effect after its publication in the Kansas Statute Book.

Concerning vehicles; relating to implements of husbandry; concerning all-terrain vehicles

SB 275 amends the definition of “nonhighway vehicle” to exclude implements of husbandry from the definition. Additionally, this legislation increases the size requirements for a motor vehicle to be classified as an “all-terrain vehicle”. This legislation goes into effect after its publication in the Kansas Register.

Concerning the Kansas Commission on Judicial Performance; relating to sunset provisions

SB 2111 allows the Commission on Judicial Performance and the higher docket fees supporting the Commission to continue with no sunset date. This legislation goes into effect after its publication in the Kansas Statute Book.

Distinctive license plates

HB 2134 authorizes the issuance of distinctive “Support Kansas Arts” license plates. This legislation also makes it so a personalized license plate can only be issued once in Kansas, as opposed to once in each of Kansas’ 105 counties. Additionally, this legislation amends the definition of “disabled veteran” for eligibility for receiving a distinctive license plate, from one who is being compensated for a 100 percent service-connected disability to one who has a 50 percent disability, a determination made by the U.S. Department of Veterans Affairs. Finally, this legislation exempts “In God We Trust” distinctive license plates from requirements that the person or organization sponsoring a distinctive license plate submit a nonrefundable amount to defray the costs of the Division of Vehicles to develop the plate. This legislation goes into effect after its publication in the Kansas Register.

Concerning crime and punishment; relating to unlawfully hosting minors

HB 2165 expands the crime of unlawfully hosting minors consuming alcohol to include recklessly permitting a person’s land, building, structure or room owned, occupied or procured by such person to be used in such a manner that results in the possession or consumption of alcohol by a minor. This legislation goes into effect after its publication in the Kansas Statute Book.

Source: Kansas Governor