Wednesday, January 18, 2012

MORE BAD IDEAS FROM KANSAS HOUSE REPUBLICANS

Elitism, cronyism, and an invitation to at least the appearance of impropriety, if not impropriety lies at the heart of Kansas House Bill 2452.  This bill gives the Governor a dozen golden tickets to dispense to his pals for big game hunting in Kansas.

The current fee charged by the Kansas Department of Wildlife, Parks, and Tourism for a nonresident white-tailed deer permit is $322.50.  A dozen of these permits costs $3,870.  If the Governor wants to have his rich buddies, and I hope he goes hunting with former Vice President Dick Cheney, come to Kansas to exchange their big bucks for our big bucks, then he can have them pay their way.  Either way he's going to get their big bucks!
Another bad idea comes in the form of H.B. 2460 which wants to eliminate employer contributions to KPERS for the first year of an employee's contribution.  Currently, the employer is paying 7% of the amount the employee contributes in the first year. 

Elitist Republicans want to nickel and dime KPERS participants, state workers, and give the Governor a dozen big game permits for his cronies. 

KANSAS "REVERSE ROBIN HOOD REPUBLICANS" HELL BENT ON SHRINKING KANSAS EDUCATION FUNDS

The Petroleum Industry enjoys records profits and each and every Kansas School District is scrimping to find enough money to educate the children of Kansas.  So here comes the Kansas House Committee on Taxation riding to the rescue of Kansas' kids, right? Wrong!  The Committee on Taxation comes thundering in like a band of marauders with their proposal, House Bill No. 2264.  This bill wants to eliminate the property tax on the market value of the mineral rights in Kansas.  That is not property tax on the oil rights, the natural gas rights, the fracing rights, even the tax paid by salt mines. 

In another of example of Republican Tax Cut Madness, the Committee on Taxation proposes reducing revenues in the face of burgeoning expenses.  Educating Kansas' kids is not a frivolous expense, rather it is a necessary obligation and the duty of the state.  H.B. 2264 is a bad bill. There is a hearing today at 3:30 p.m. in the Capitol at Room Docking 783.

OPPOSE H.B. 2264.

The Fiscal Note to H.B. 2264 says:

Passage of HB 2264 would decrease property tax revenues by providing a new property tax exemption. The state funds directly affected by this bill are the two building funds, the Educational Building Fund (EBF) and the State Institutions Building Fund (SIBF). The Department of Revenue estimates this bill would decrease revenues to these two funds by $14,722 in FY 2012, with $9,815 attributable to the EBF and $4,907 attributable to the SIBF. The bill would also have an effect on state expenditures for aid to school districts. To the extent that school districts would receive less property tax revenue through the state’s uniform mill levy, the state provides more state aid through the school finance formula. The Department of Revenue estimates the increased state expenditures for aid to schools to be $196,300 in FY 2012. The bill would also decrease revenues to any local government that levies a property tax in a jurisdiction where minerals are severed. Any fiscal effect associated with HB 2264 is not reflected in The FY 2012 Governor’s Budget Report. (Emphasis added).

Tuesday, January 17, 2012

KANSAS BETTER GET THIS FRACING RIGHT!

Quietly, the Kansas House of Representatives Committee on Energy and Utilities is opening the door to hydraulic fracturing, which is known by the variant terms of fracking, fraccing, and fracing.  H.B. No. 2164, AN ACT concerning property; relating to ownership of pore space, should be of interest to everyone, and not just those in the Land Title Industry.  Read the bill online @ http://www.kslegislature.org/li/b2011_12/measures/documents/hb2164_00_0000.pdf.

Pore Space is the gaps in hard rock, such as tight shale, formations where oil and natural gas have been locked in by nature.  These products naturally move in zones of natural fractures in the rock formation.  In order to get the oil and gas out of these zones Petroleum Companies want to inject fracing fluid into the fracture zones. 

The problem with fracing, as the above video clip clearly demonstrates, is that either the fracing fluid, the petroleum products, or a combination of both can enter the fresh water supplies and pollute drinking water. Employing the standards of the American Petroleum Institute, [API], and using care and thoroughness the freshwater aquifers are supposed to be protected.  This protection is accomplished by housing the well bore in two or three layers of steel tubing and one or two layers of impervious cement, along with packers.  Packers are expanding rings at the bottom of the wellbore cased in cement.

That sounds good, but the problem is apparently not everyone is employing the API standards with care and thoroughness.  Since fracing in other parts of the country have led to ignitable drinking water Kansas must set a firm standard.  Kansas must assure the safety of our drinking water by making fracing operations comply with the Federal Safe Drinking Water Act, [SWDA].
From American Law and Jurisprudence on Fracing, by Thomas E. Kurth, Michael J. Mazzone, Mary S. Mendoza, and Christopher S. Kulander (© 2010 Haynes and Boone, LLP) @ http://www.haynesboone.com/files/Publication/3477accb-8147-4dfc-b0b4-380441178123/Presentation/PublicationAttachment/195a3398-5f02-4905-b76d-3858a6959343/American_Law_Jurisprudence_Fracing.pdf we learn why opponents of fracing rely on SWDA.


According to The Environmental Working Group, a nonprofit
environmental organization, drilling companies are avoiding federal
law and injecting toxic petroleum distillates into wells and threatening drinking water supplies. Opponents of fracing allege that water supplies are threatened because “30 to 60% of the fracing fluid stays in the geological strata and may escape through the existing or new fractures and contaminate surface groundwater.”

What is concerning, opponents claim, is that the additives in fracing
fluids are highly poisonous and carcinogenic. The fluids include, they claim, “potentially toxic substances such as diesel fuel, which contain benzene, ethylbenzene, toluene, xylene, naphthalene and other chemicals; polycyclic aromatic hydrocarbons; methanol; formaldehyde; ethylene glycol; glycol ethers; hydrochloric acid; and sodium hydroxide.” The non-profit agency, ProPublica, reported that in July 2008, a hydrologist sampled a water well in rural Sublette County, Wyoming–the home of one of the largest natural gas fields and has thousands of wells that have undergone hydraulic fracing. The test showed that the water “contained
benzene…in a concentration 1,500 times the level safe for people.”

If you find yourself confused by the propaganda spun by the Petroleum Industry and the claims asserted by the opponents of fracing, I suggest you study the EPA's Proceedings of the Technical Workshops for the Hydraulic Fracturing Study: Fate and Transport @ http://www.epa.gov/hfstudy/epa600r11047.pdf.

My gut reaction is that fracing produces additional oil and natural gas from existing wells, and that production drops off quickly in what is called the decline curve.  Therefore the production is short term and care and thoroughness of operators implementing the API standards may give way to corners being cut and groundwater protection receiving short shrift.  The result is that aquifers and groundwater become polluted with carcinogenic chemicals.  I believe that Kansas must enforce SWDA relative to oil and natural gas production in the state and that fraccing wells be subject to strict inspection to insure proper steel casings, impervious cement, and packers are installed in accordance with API standards.
The Petroleum Industry has proved itself, time and again, that they are not able to put safety first.  I do not trust them with the water we drink.

Sunday, January 15, 2012

KANSAS GOVERNOR BROWNBACK & CLAN BELLY UP TO THE TROUGH

Brownback Family Reunion

The Governor has been making a lot of news recently.  He wants to deny essentially equal access to Kansas school children who do not happen to live in a wealthy county.  Of course if you live in Johnson County, Kansas (the nation's 68th richest county according to city-data. com @ http://www.city-data.com/forum/maryland/1189037-2009-acs-census-data-100-wealthiest.html) then Brownback wants you to be able to tax yourselves for the schools that only money can buy.  If you cross the Kansas River to the North then you're up a creek without a paddle, but in the company of most Kansas counties, because your county doesn't have enough value in its tax base to compete with Johnson County.
Then the Governor wants to lower taxes.  Gee, it is a tax break for everyone, ain't that great.  Well Sam wants to do to Kansas what President George W. Bush did to America.  It is real simple, the largest share of the tax cuts will accrue to the wealthiest Kansans, while the rest of us will be asked to do with less and pay more for it.  The Lawrence Journal World published an excellent report @ http://www2.ljworld.com/news/2012/jan/12/details-brownbacks-tax-plan-revealed/?kansas_legislature.  So sure, Sam is going to be a hit with the country club set in Johnson County.  The folks who work for a living up there probably aren't as excited about either Sam's School Financing Folly or his Tax Cut Madness. 

It seems to have escaped the attention of the Governor that the state's ledger has two side, both debit and credit.  You'd think by now Sam would realize that the responsible thing is to have Kansas pay its way.  You don't get there by cutting revenue.  But it seems as though Sam comes by this naturally, maybe even genetically.  You see the Brownback Family has been sucking heavily from the Treasury Department.  Here is a little eye opener on the largesse the Brownback Family has enjoyed, courtesy of the taxpayer.  I got this heads up from Cheryl Hudspeth, thanks Lady!  The report is online @ http://farm.ewg.org/addrsearch.php?s=yup&stab=KS&zip&last=brownback&first&i=Search+Recipients&fullname&stab2=AL.

<><> <><> <><> <><> <><> <><> <><> <><> <><> <><> <><> <><> <><> <><> <><> <><> <><> <><> <><> <><> <><>
Rank
Name
Location
Subsidy Total
1995-2010
1

Parker, KS 66072

$ 385,187.74
2
Parker, KS 66072
$ 339,690.58
3

Mound City, KS 66056

$ 231,237.15
4
Mound City, KS 66056
$ 73,545.18
5

Topeka, KS 66610

$ 48,852.00
6
Mound City, KS 66056
$ 38,608.04
7

Mound City, KS 66056

$ 25,350.01
8
Centerville, KS 66014
$ 23,007.40
9


Centerville, KS 66014

$ 19,760.06
10
Lyndon, KS 66451
$ 5,684.00
11

Centerville, KS 66014

$ 3,687.00
12
Lacygne, KS 66040
$ 2,831.00
13


Lyndon, KS 66451

$ 2,631.00
14
La Cygne, KS 66040
$ 1,611.00
15

Parker, KS 66072

$ 1,337.00
16
Caldwell, KS 67022
$ 1,199.00
17


Blue Mound, KS 66010

$ 1,064.00
18
Parker, KS 66072
$ 594.00

Sam and his clan are getting theirs, but he sure as heck doesn't want you and yours getting a fair shake. 

Saturday, January 14, 2012

KANSAS REPUBLICANS OWN THE LEGISLATURE AND APPEAR TO HAVE A LOCK ON BAD IDEAS AS WELL

Kansas Republicans have an overwhelming edge over Democrats in the state's legislature.  Republicans have a 73.6% of the House and an 80% share in the Senate.  House Republicans outnumber their Democratic members 92 to 33.  In the Senate the ratio is 32 Republican senators to 8 Democratic senators. With the retirement of Dennis Moore and the loss of that seat Kansas Republicans have captured all four Congressional districts.
Our record in sending Democrats to the United States Senate is worse than our record in the House.   Kansas has only had three Democrats go to the Senate.  John Martin (1893 to 1895), William H. Thompson (1913 to 1919), and George McGill (1931 to 1939).  McGill was elected to fill the seat vacated by Charles Curtis when he became Herbert Hoover's Vice President. 
The good news is that all the bad governing going on in Topeka is owned lock, stock, and barrel by the Kansas Republican Party.  Two items on the radar include Governor Sam Brownback's abdication of Kansas' responsibility to educate school children and (fronting for Wichita's Personhood Kansas Committee) Representative Randy Garber's Personhood Amendment.

Brownback has a simple plan for education.  Shift the burden to the school districts.  If you happen to live in a wealthy county you can expect, under the Brownback plan, to see you kids and grandkids go to really great schools, with well paid teachers, and tons of extracurricular activities.  If you aren't from such a county you can raise your property taxes, but you can't compete.  This means that Johnson County, the 43rd richest county in the nation, will have all the money it needs for schools.  The per capita income for Johnson County is $30,919 making it the richest county in Kansas.  Miami County, which is just south of Johnson County, comes in next at $21,408.  Not many folks around are here hankering to have their property taxes hiked up so they can compete with Johnson County for something that should be equal across the state for all of our children.  Wyandotte County sits to the north of Johnson County with a per capita income of $16,005 making it the 86th richest county in the state out of 105.
Wyandotte County is a microcosm of wealth disparity with its four school districts.  They are Turner USD 202, Piper USD 203, Bonner Springs USD 204, and  Kansas City USD 500.  Comparatively the Piper district is doing well because of all the investment and development in the Northwest Wyandotte County.  Piper has an enrollment of about 520 students.  The Turner District passed a bond measure to build a new school for its approximately 1,100  students.  The Turner area is a solid blue collar area.  Bonner Springs High School has about 780 students, the area is in Southwest Wyandotte County with a per capita income for the city of $19,730.  Note that roughly half of the Bonner Springs District comes from about 25% of Lake Quivira.  Lake Quivira is a wealthy suburb.  If you want to move there you not only get to pay for your house, but there is the onetime $20,000 initiation fee as well.  Then there is the Kansas City School District, with five High Schools.  The per capita income in Kansas City $15,737, roughly half of that enjoyed by their neighbors south of the Kansas River.

Brownback's plan runs afoul of Kansas law on wealth disparity and equal educational opportunity.  In Montoy v. Kansas the District Court for Shawnee County said "Accordingly, whether any Kansas child is of a minority race, or is a slow learner, or suffers a learning disability, or is rich or poor, or lives east or west, or any other consideration that child is “our child” and our constitution guarantees that child an equal educational opportunity consistent with his or her natural abilities. Differential funding, always suspect, must always be justified by a rational explanation (basis), which will usually be related to varying costs incurred in providing essentially equal educational opportunities. This test seems to be adequate for all purposes relevant to the current controversy." (Emphasis added).
Kansas law is clear, there must be "essentially equal funding is to guarantee an equal educational opportunity for every child."  Brownback's plan panders to the wealth of Johnson County and turns the equity analysis by the courts on its head.

Democrats will best serve Kansas by proposing a Constitutional Amendment that provides for the equal funding of students.  Then it will be settled that each Kansas child whether from a minority race, or a slow learner, or suffering from a learning disability, or  rich or poor, or living in the east or west, or no matter whatever consideration will be entitled to an essentially equal education and the financial resources assuring that education will be allocated fairly.
Gametes, zygotes, embryos, and fetuses are phases of human reproductive development.  These gametes, zygotes, embryos, and fetuses may or may not result in a live birth.  Sabetha Freshman Republican Representative Randy Garber is fronting for a group called The Personhood Kansas Committee.  Garber and The Personhood Kansas Committee think they have a way to fix their religious ideas into the Kansas Constitution so as to not only outlaw abortion, but also to rid our society of birth control.  I think these people are nuts, probably well meaning, but misguided, and they definitely have not thought through their scheme.

Much has been said about who or what a person is in this election cycle. Mitt Romney told us that corporations are persons too.  It used to be that the corporation was just a legal fiction, but not was a person under the law.  That changed when the Fourteenth Amendment passed.  A former Congressman, Roscoe Conklin, representing a railroad company successfully argued that the intent of the framers of the Fourteenth Amendment was to make corporations persons under the law.  Now corporations enjoy the legal rights formerly belonging to the living human person with which we are all familiar.
Now comes Representative Garber and he wants to make the gamete, the zygote, the embryo, and the fetus persons.  Can you imagine what a couple of liberal Democrats could do with that?  Why they could start a bank of frozen embryos, which would have to be included in the decennial census count, and could swell the population of Kansas by hundreds of thousands of persons.  Then, eighteen years later, they could register those persons as voters, and by absentee ballot vote, exercising the right as next friend, for all of those thousand and thousands of frozen persons.   That is unless the courts determined that keeping those frozen persons frozen constituted a form of slavery and violates the Thirteenth Amendment.  Or sanity could prevail and Garber's Gambit could die a quiet death in the State Legislature. 

And what would the 1% do with Garber's Gambit?  They would wreck havoc on the law of property by making a mockery of the rule against perpetuities.  The 1% wants to control wealth by controlling property.  The rule against perpetuities was written to curtail that greed.  A future interest must vest within the lifetime of any of one of several named persons, plus 21 years, if it is to vest at all.  So if the Koch brothers wanted to give a future interest in valuable real estate, it would have to vest within the lives of (here you insert the names of about a dozen really well know babies) plus 21 years.  If the life in being is the frozen embryo, the 1% will keep amassing and retaining their property until they own everything.

Where Garber and the anti-abortion go afoul is equating soul with person.  Gone, apparently, are the days when God was coming to judge the "quick and the dead". Garber has us arriving to a new Creed where God will come to judge the "conceived and the dead".  And having saved these gametes, zygotes, embryos, and fetuses from abortion, how does Garber plan to baptize them, especially the frozen ones? 

Garber and the anti-abortion crowd forget that Jesus said you have to be born twice to enter the Kingdom of Heaven.  Of course, if you have to be born twice you first have to be born once.  That is the starting line, it needs to stay the starting line.
 
Abortion is an awful choice and I seriously know of no woman who has undertaken that decision frivolously.  That woman, and her physician, and her trusted family and friends, and they alone must make that choice.  Forty years later the anti-abortion crowd just can't accept that they don't make the rules for everyone else, they don't get to establish their view of religion and make it the law of the land. 
We should all know how birth control works.  Planned Parenthood answers this question.  They say, at 
It's pretty common for people to be confused about how birth control pills work. Here’s what it boils down to: birth control pills are made of hormones. Hormones are chemicals made in our bodies. They control how different parts of our bodies work.

Some birth control pills contain two hormones — estrogen and progestin. These are called combination pills. Some are progestin-only pills. Most women on the pill take combination pills.

The hormones in the pill work by keeping a woman’s ovaries from releasing eggs — ovulation. Pregnancy cannot happen if there is no egg to join with sperm. The hormones in the pill also prevent pregnancy by thickening a woman’s cervical mucus. The mucus blocks sperm and keeps it from joining with an egg. 

The hormones also thin the lining of the uterus. In theory, this could prevent pregnancy by keeping a fertilized egg from attaching to the uterus.
That last sentence is the big bugaboo if Garber's Gambit prevails.  If the fertilized egg is a person and the birth control pill creates the risk of preventing the person from attaching to its mothers uterus, then the birth control pill has to be illegal. 
There is nothing at all that makes sense by Garber's Gambit.  

Thursday, January 12, 2012

Arizona v. United States Docket No., 11-182 And the legal issue before the Court is......

The Merit Brief from Arizona has not yet been posted on the American Bar Association's website previewing Supreme Court cases, http://www.americanbar.org/publications/preview_home/11-182.html.
The ABA provides a look at the legal issue the Court will review in what is called the Question Presented.

Arizona enacted the Support Our Law Enforcement and Safe Neighborhoods Act (S.B. 1070) to address the illegal immigration crisis in the State. The four provisions of S.B. 1070 enjoined by the courts below authorize and direct state law-enforcement officers to cooperate and communicate with federal officials regarding the enforcement of federal immigration law and impose penalties under state law for non-compliance with federal immigration requirements.

The question presented is whether the federal immigration laws precludes efforts at cooperative law enforcement and impliedly preempt these four provisions of S.B. 1070 on their face.

In other words, was Arizona helping federal officials or were they meddling?

Tuesday, January 10, 2012

DONNY BOX ON The Secret That Mitt Romney Doesn't Want You to Know

I haven't seen my cousin Donny Box in years, maybe two or three times in the last twelve years.  Last night I went upstairs to watch the Ed Shultz show.  Ed was speaking to a lady, a union worker, about Mitt Romney calling members of the National Labor Relations Board "union stooges". 

The screen panned out and Ed was in the middle and the union lady was to his right.  I was looking at the man on the left and thought out loud "that looks like Donny".

Well it was Donald Eugene Box, Jr. and he was on the Ed Schultz Show because he stars in an anti-Romney campaign ad sponsored by MoveOn.org.
It is a damn good ad because it rings true. 

Once upon a time, when Donny and I were kids, Kansas City was home to Armco Steel, Union Wire Rope, GM's Body by Fisher plant in Leeds, Trans World Airlines, and the TWA overhaul base at the newly constructed MidContinent International Airport (KCI), and we used to employ telephone operators - a lot of telephone operators.  Those engines of Kansas City's economy are gone.  Gone too are all the businesses that supported those businesses.  The diners, stores, utility workers, the secondary manufacturers that supplied parts to these businesses are all gone.  Killing those jobs killed the multiplier effect each dollar formerly earned had on Kansas City's economy. When Big Business got rid of these union jobs they sucked the economic vitality out of Kansas City. 

Gone too is the accreditation of the Kansas City Missouri School District.  When manufacturing leaves prosperity leaves, when prosperity leaves poverty comes to town, when the people are poor they don't have money for good schools. If you want to fix Kansas City take the abandoned factories under eminent domain, give them to manufacturers who will, by written promise, hire union workers, and by contract make them pay their taxes, share their profits with the workers, and forfeit their assests if they try to move the plant anywhere but Kansas City.  That will fix the problem with the School District.

Donny Box became the face of the forgotten American, the one left behind when Mitt Romney and Bain Capital rapaciously slaughtered ARMCO Steel.  Donny Box was right in relaying a friend's opinion; if Romney is elected he will take America apart, piece it out, and sell it to the higest bidder. 

Here is the link to the Donny Box video at MoveOn.org:
The Secret That Mitt Romney Doesn

And here is the YouTube clip:



Here is another version of the MoveOn.org ad with Donny along with his co-worker and friend from ARMCO Glen Patrick Wells.