Kelly predicts Kansas voters would reject school funding amendment backed by Republicans

Kansas Gov-elect Laura Kelly predicted Republican lawmakers don’t have enough votes to approve a state constitutional amendment limiting court review of school funding.

And even if they pass it, Kelly said, she believes Kansas voters would reject it.

Lawmakers have discussed, but not advanced, such a constitutional amendment in recent years. A proposal put forward earlier this year would have prohibited the Kansas Supreme Court from reviewing the total amount of funding for schools.

“If in the end they are able to get it out of the Legislature, I have no doubt the people of Kansas will reject that,” Kelly said during an on-stage interview with the Kansas News Service in Topeka on Wednesday evening.

If two-thirds of the House and Senate approve an amendment, it would go to a statewide vote. Kelly wouldn’t have the ability to veto it, but could try to influence lawmakers to block a proposal.

Kelly’s comments serve as a warning to Republican lawmakers again considering pushing for an amendment — a signal that the incoming Democratic governor believes voters would be firmly on her side.

Her remarks come as the Legislature prepares to again work on school funding issues in the coming session, which begins in January. Lawmakers approved a plan last spring that ramps up annual school funding by $522 million over five years.

The Supreme Court largely signed off on the plan, but faulted lawmakers for not adjusting funding for inflation. That could require upwards of $90 million more each year.

This week, Republican leaders said they may consider reopening – or even starting over – on the funding plan passed this year, fearing the state can’t afford the added expense.

Kelly rejects that idea.

“It is my intent to get that done and we’ll be able to do that without raising taxes,” Kelly said.

House Majority Leader Dan Hawkins, R-Wichita, said earlier this week that Kansans at some point will eventually grow tired of continuing demands for more money.

This past spring, Republican lawmakers tried to push a constitutional amendment, with the help of a group called the Kansas Coalition for Fair Funding that was backed by the Kansas Farm Bureau, Kansas Contractors Association and other groups. The proposal went no further than the House floor.

Hawkins said there is renewed interest in an amendment.

“People are now starting to say out in the public, ‘We’re tired of the schools taking all the money and the rest of the state suffering,’” Hawkins said.

On Wednesday, Kelly also addressed Republican desire to give back the so-called tax windfall resulting from changes to the federal tax code.

One early estimate put the gain at $138 million for the state’s current budget year. By last month, the figure had shrunk to $84 million.

Kelly effectively ruled out supporting any tax code changes before the end of the fiscal year in June 2019.

“It’s at that point we can start talking about modifications to the tax structure, but not before,” Kelly said.

Kelly will assume office on Jan. 14.

Contributing: The Associated Press

This story was originally published December 12, 2018 at 9:12 PM.