May 19, 2006

Sebelius signs historic commitment to Kansas schools
Three-year plan will strengthen schools throughout state

Ever since the founding of the state, Kansans have been dedicated to providing high-quality schools for their children.

Today, that dedication was demonstrated as Governor Kathleen Sebelius signed a bill making an historic commitment to Kansas schools.

The three-year plan will help every school district in Kansas, while placing a special emphasis on closing the achievement gap for students who face extra challenges.

“Our state values education, and Kansans know good schools lead to good jobs and a prosperous future,” said Sebelius. “This historic commitment to our children’s schools will help every child in Kansas, and it will help close the gap for children in poverty.”

SB 549 increases support for schools by $466 million over the next three years. Following the recommendations of the Legislature’s cost study, it provides substantial assistance to school districts with a high percentage of students in poverty who face higher barriers to learning.

“I commend legislators for coming together across party lines to work with me on a plan that will strengthen our schools for years to come,” said Sebelius. “Granted, there are elements legislators did not include, such as all-day kindergarten and enhanced local control, so I’ll keep working to ensure these are included in the future.”

This bill will take effect after publication in the statute book. Governor Sebelius’ signing message appears below.

Signing message for SB 549:

When I first started meeting with legislative leaders in January, I proposed the goal of developing a three-year plan that made a good faith effort to follow the guidelines of the legislative cost study, a plan which all four leaders would vote for, and I would sign. On the 92nd day of the session, that vision became a reality.

We all agreed we needed a plan that helped every school in Kansas, focused on children in poverty, and helped close the achievement gap.

It took some late nights, some frank conversations, and a little bit of prodding from back home, but we’ve now seen legislators make a real commitment to our schools, and to our state’s long-term prosperity.

While I’m disappointed this plan doesn’t give local communities the ability to enhance their schools to the degree I would have liked, or focus enough attention on closing the achievement gap through all-day kindergarten, I do think it’s a step forward. I’ll continue to work on those initiatives that are missing from this plan, because they remain priorities for me, as well as for Kansas parents and business leaders.

I have signed SB 549 because stronger schools lead to a well-educated workforce, which is what business leaders have told us time and again creates good jobs in Kansas. This is a great step in the right direction, and it will help us ensure a prosperous future for ourselves and for our children.

Governor Sebelius also signed into law three other bills and vetoed HB 3004 and SB 528. During the 2006 Legislative Session, the Governor has signed 196 bills and vetoed four.

Enacting the Criminal Street Gang Prevention Act

SB 366 establishes the Criminal Street Gang Prevention Act, defining a criminal street gang and street gang activities, and enacting penalties for recruiting members to a street gang and for criminal street gang intimidation.

The bill also authorizes a person who is not engaged in an unlawful activity, and who is attacked in a place where the person has the right to be, to stand his or her ground and fight back with no duty to retreat. The bill explicitly adds the authority for a person to use deadly force against another, if that person reasonably believes death or great bodily harm to him or her, or a third person, is imminent, and immunizes a person from criminal prosecution and civil action for the use of force, unless force was used against a law enforcement officer.

Finally, the bill raises the dollar threshold for different criminal offenses to distinguish a misdemeanor from a felony; amends the definition of drug paraphernalia; amends sentencing guidelines dealing with upward departures when the crime involved two or more participants and the defendant played a major role in the crime as an organizer; and adds a new mitigating factor for defendants who have provided substantial assistance in the investigation of another person. This bill will take effect after publication in the Kansas Register.

Establishes the Commission on Judicial Performance

SB 337 provides a $9,000 a year pay raise for district judges and district magistrate judges and a $2,000 pay increase for Court of Appeals judges and suspends for one year the cost of living pay increases for these judges. The bill also establishes the 13-member Commission on Judicial Performance to be appointed by the Kansas Judicial Council and raises docket fees to establish the Judicial Performance Fund. The goals of the Commission will be to improve judicial performance, help voters make more informed decisions, and promote public accountability of the Judiciary. The bill delays for one year the continued expansion of the size of the Kansas Court of Appeals and extends the exemption from paying docket fees to nearly all local units of government. The bill also provides an employer contribution for health insurance to retired judges who return to temporary judicial duties and increases docket fees to fund child exchange and visitation centers. This bill will take effect after publication in the Kansas Register.

Enacting the Silica and Asbestos Claims Act

SB 512 enacts the Silica and Asbestos Claims Act, specifying that physical impairment of the exposed person is to be an essential element in any civil action alleging a silica or asbestos claim. This bill will take effect after publication in the statute book.

Extending the 3-Rs Committee

HB 2555 extends the Kansas Criminal Justice Recodification, Rehabilitation, and Restoration Committee, known as the 3-Rs Committee, until March 31, 2007. The committee is currently due to sunset July 1, 2006. The bill also extends the time for submitting the final report of the 3-Rs Committee by one year, to January 9, 2007, and reduces the penalty for unlawful acts regarding certain chemicals from a drug severity level 1 crime to a drug severity level 2 crime. Finally, the bill deletes the sunset provision for the Joint Committee on Corrections and Juvenile Justice Oversight and would require the House committee membership to be selected from the House Judiciary Committee and not from the House Corrections and Juvenile Justice Committee. This bill will take effect after publication in the statute book.

Veto Message for HB 3004:

Pursuant to Article 2, Section 14 of the Kansas Constitution, I veto HB 3004, which changes the educational requirements needed for one to apply to take the accountancy examination from the Kansas Board of Accountancy. Changes to the requirements for taking the accountancy examination should include review of all aspects of the requirements including reciprocity. This bill focuses on only one requirement for the accountancy examination. The Board of Accountancy has begun a comprehensive review of the requirements and is set to report their findings to the 2007 Legislature. This legislation is set to be in law for only one year and I believe that the state is better served by making decisions on the requirements for the accountancy examination once a thorough review has been completed.

Veto Message for SB 528:

Abortion is an important moral concern to all Kansans. My Catholic faith teaches me that life is sacred. Personally, I believe abortion is wrong.

That’s why I have worked to reduce the number of abortions in Kansas. In my three years as governor, abortion has declined 11.1%. My administration will continue to work to reduce these numbers even more. Next week, for example, I’ll sign into law an increase in tax credits for adoption and a budget that contains a 65% increase in funding for the Pregnancy Maintenance Initiative, which helps counsel women on options other than abortion. These common-sense steps will reduce abortion, and will provide real solutions for women facing this tragic decision.

SB 528, by contrast, will do nothing to reduce abortion in Kansas. Instead, it will force women to provide intimate, sensitive health information to the government. Privacy is a fundamental concern to all Kansans. I worked to enhance Kansans’ health privacy as Insurance Commissioner, and I intend to protect it as Governor. As we have seen in recent months in Kansas, we can never take our health privacy for granted.

Therefore, pursuant to Article 2, Section 14 of the Constitution of the State of Kansas, I veto SB 528.