“Bundle (noun): Several objects or a quantity of material gathered or bound together.” www.Dictionary.com.

In the legislature, “bundling” has a more ominous meaning. Late in the session, conference committees take several bills, some good, some bad, and “bundle” them together for an up or down vote. As a result, legislators are forced to vote for bills they may oppose in order to pass bills they support, or vote against bad bills at the cost of also defeating good legislation. It’s an important part of legislative leadership’s power brokering at the Statehouse.

On the last night of this session, the practice reached its peak. The last bill to reach the floor bundled seven tax bills into one package. We were forced to decide whether to pass a bill that relieved an unfair tax burden on National Guardsmen and saved literally hundreds of good paying jobs, or vote against a bill which extended unnecessary tax breaks to certain counties. I voted for veterans and jobs.

This is not the way the legislature should work. If re‑elected, I intend to participate in drafting legislative rules which would bring an end to this practice. These rules have been proposed before, but have failed to pass. Voters are entitled to know how a legislator voted on a bill, and also why a legislator voted for or against a bill. Under the present rules, voters cannot really know where their legislator stands on important issues when one bill contains seven different topics, some good and some bad.

The governor’s task force on hydraulic fracking met in April at Newman University. Representatives of the Kansas Department of Health and Environment, the Kansas Geological Survey, and the Oklahoma Geological Survey all provided input. The bottom line: seismic activity in northern Oklahoma and central Kansas has dramatically increased over the past four years. This increase appears to coincide with the increased use of horizontal hydraulic fracturing and the accompanying injection of fracking fluids into disposal wells.

While there is scientific consensus that disposal wells, particularly poorly sited or operated wells, may induce seismic activity, the jury is still out on whether the hydraulic fracturing process it’s self causes earthquakes. Part of the key to this determination is to increase the number and accuracy of seismic monitoring stations in Kansas. The House Energy and Environment Committee, on which I serve, recommended legislation which would provide the $250,000.00 necessary to operate an expanded network of stations. There are only two in Kansas, one of which provides unreliable data, and both of which are located far from the areas where earthquakes are occurring. In the final budget, $160,000 from emergency funds was allocated for this project.

With the cooperation of the United States Geological Survey, federally owned monitoring stations will be temporarily located in Kansas as a stop-gap measure, and close cooperation with the Oklahoma Geological Survey will continue. This will be of great help in better identifying the cause of earthquakes in Kansas, and will assist all of us in knowing whether fracking, disposal wells, nature, or other factors are the cause of the dramatic increase in earthquakes in Kansas.

I intend to be on the forefront of pressing for the funds required to properly monitor seismic activity in Kansas and act responsibly on the data we gather. To do less endangers not only the public safety, but also the oil and gas industry on which the state depends for good paying jobs and on which our country depends for domestic energy to meet our needs and protect our national security.

In 2008 Kansas led the nation in requiring that 20% of our electric power needs be generated with renewable energy (primarily wind and solar) by 2020. In the past six years our power companies have made the investments necessary to achieve this goal. As a result, wind farms now dot the state, bringing much needed money to Kansas farmers, and creating thousands of new, high paying, skilled jobs for Kansas workers.

Generally, the fossil fuel industry (coal and oil interests) oppose this standard. Once again this year these special interest groups sought to repeal the renewable energy standard. The Senate passed a repeal but the effort was blocked in the House by a substantial margin. While claims are made by some these requirements have resulted in a 40% increase in electric rates, the Kansas Corporation Commission estimates the cost of renewable energy accounts for a 4% increase in electric bills (Weststar was just granted a 67 cent per household rate increase to cover these costs).

While fossil fuels still provide an important part of Kansas energy needs, our state must remain on the forefront of the cutting edge technology for the 21st Century. Jobs, clean energy, and Kansas future all depend on following through on the course we set in 2008. I will continue to resist efforts to turn back the clock on technology and progress at the cost of clean air and responsible use of Kansas natural resources.

The Kansas Department of Health and Environment (KDHE) introduced a bill intended to remove recycling codes from plastic containers. In testimony before the House Local Government Committee on which I serve, KDHE claimed the codes were outdated and no longer necessary.

I’m pleased to report HB2551, which included amendments to KDHE’s bill which I drafted and introduced passed both houses and is now law.

Instead of removing the codes as KDHE proposed, HB2551 requires manufactures to continue to use nationally recognized codes on plastic containers sold in Kansas so consumers can identify recyclable plastics when making purchasing decisions and so small recyclers can properly sort plastic containers to be recycled.

I’m pleased to have assisted in bringing together the recycling community and KDHE to reach a compromise acceptable to everyone and to continue Kansan’s opportunity to be responsible stewards of the environment.

Future Deficits Projected

On the last night of the legislative session, a state budget bill was finally brought to the floor for an up or down vote. The House held no hearings on the budget and members were given no opportunity to amend the 55 page bill prepared by four members of a conference committee. I personally made the following explanation of my no vote on the House floor:

MR. SPEAKER: I vote no on S Sub for HB 2231 because the legislature has abdicated its responsibility to establish the state budget, instead entrusting the responsibility to only a few chosen members, followed by a 10 minute debate on the House floor. This is not what my constituents sent me here to do. Transfer of funds from the Tobacco Settlement to the Bio‑Science authority and short changing state employees for the sixth year in a row are only examples of the many flaws in this budget and I therefore vote no.

While to his credit the governor vetoed the raid on the Tobacco Settlement Fund designed to help Kansas children, the budget, as signed by the governor, raids the state Highway Fund which invests in the infrastructure necessary to build roads vital to our future while creating thousands of good paying jobs in Kansas, denies state employees the pay increase necessary just to keep up with inflation, fails to adequately fund our public schools, and continues Kansas on a race to the bottom among our sister states.

Most concerning the budget fails to recognize the sad fact that tax cuts for the wealthiest Kansans have placed Kansas on a path to fiscal disaster. The numbers are in the table shown on the left.

Because of the fiscal irresponsibility of the legislature and governor, our $6 billion dollar general fund budget is projected to be nearly $1.5 billion dollars in the red by 2019. As a result, both major bond rating agencies have downgraded Kansas credit rating meaning the state must pay higher interest on the bonds used to pay for highways and other long term investments in the state’s future. Quite simply, our state will be unable to pay its bills.

I will continue to oppose efforts to pass irresponsible state budgets, written by a chosen few, and passed in the dark of night. To do otherwise is to shirk my responsibility to you as your State Representative.

By John Carmichael

Just over a year ago, we felt at least one of the earthquakes occurring near Jones, Oklahoma at my house.  I’ve lived in Wichita for over 50 years, and had never felt an earthquake here.  Just a few weeks ago, another quake occurred near Caldwell, Kansas.  Some suggest that horizontal drilling and hydraulic fracturing (”fracking”) may be related to these events.

On January 21, the Kansas Corporation Commission (KCC) appeared before the House Energy and Environment Committee to answer questions about the possible environmental hazards caused by fracking and the accompanying disposal of waste fluids.  A representative from the Kansas Geological Survey (KGS) also appeared and addressed the risk of earthquakes in Kansas. He stated that while the risk of a major earthquake in Kansas is slight, Kansas is not immune to tremors. Over a span of 12 years, more than 200 small scale earthquakes were recorded in Kansas and Nebraska.

In matters of science, it is important not to jump to unfounded conclusions.  The leading peer‑reviewed study regarding fracking and earthquakes was published by the National Academy of Sciences in October of 2012.  The study concludes the preponderance of evidence fails to presently establish a link between fracking  and seismic events.

While many of the study’s conclusions are controversial and hotly debated, my questions in committee to representatives of KGS established that all sides agree better monitoring of seismic events leads to better data and will assist in reaching scientifically valid conclusions regarding a relationship between fracking and underground disposal and seismic events.

No matter where you stand on the fracking debate, valid conclusions require valid data. Protection of life, property and the environment requires Kansas to make the investments necessary to properly monitor oil and gas production.

By John Carmichael

During his State of the State address, Governor Sam Brownback affirmed, “the Kansas Constitution empowers the Legislature – the people’s representatives – to fund our schools.” With a ruling expected any day by the Supreme Court in the school finance case, I am sure we can expect a heated debate involving the constitutional separation of powers and the Governor’s attempts to block the courts authority. The showdown between Governor Brownback and the Kansas Supreme Court could have historic consequences.

During that debate, we must remember Kansas has a moral and constitutional obligation to provide our children with a proper education.  Prior to the Governor’s cuts to education, total state aid per pupil in Kansas was $7,344.00, today it is $6,984.00.  No amount of creative accounting will make up for this deliberate reduction in funding.  Kansas teacher salaries are now the 42nd lowest in the nation.

As we work toward improving our state’s economy, we must not forget our greatest economic development investment is our commitment to children. Kansas has enjoyed a national reputation for quality schools, both K-12 and higher education. Employers know that good schools are vital to providing quality employees.

Good schools lead to a well-educated and well-trained workforce. As we seek to turn around our state economy we must not forget the importance of investing in education.

John