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Kansas Legislature
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25th District

Fairway
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CONTACT MELISSA

In Topeka: 
State Capitol Room 352-A
Topeka, KS 66612
melissa.rooker@house.ks.gov
785-296-7686

At home in Fairway
4124 Brookridge Drive
Fairway, KS 66205
melissa@melissarooker.com
913-961-1555

Dear Friend:
After weeks of uncertainty with little news to report, we finally have a series of court decisions that will shape our financial future as a state: 
  • Back in October, the Kansas Supreme Court committed to rule on the Gannon v. Kansas school funding case before the end of this fiscal year (June 30). The new ruling was released at 3 pm Monday, June 25.
  • Two significant court cases have been decided in recent weeks by the US Supreme Court which have the potential to deeply impact our state budget. 
    • South Dakota v. Wayfair deals with how online retailers handle sales tax, and 
    • Murphy v. NCAA could allow sports betting in states who so choose. 
SCHOOL FINANCE - GANNON VI - THE DECISION
Kansas schools will remain open for business, and parents, students, teachers and staff, and district officials around the state can plan for the upcoming school year with certainty based on Monday's Gannon VI ruling. 

The opinion delivered in Gannon VI declares substantial compliance on equity grounds. How significant is this? Huge. Schools will remain open as of July 1 because the court found our formula to be constitutional.
My focus throughout the past two legislative sessions has been on crafting a new funding formula because at the beginning of the 2017 session, we had an expiring block grant plan that had been declared unconstitutional. Our former school funding formula had been repealed and we faced a June 30, 2017 deadline to entirely rewrite a funding formula or face a statewide school shutdown. It is gratifying to have played a key role in averting crisis regarding this long-simmering aspect of our school finance litigation.

Unfortunately, it is too soon to claim victory. We still must increase the amount of overall funding to be deemed constitutional in terms of adequacy. It is interesting to watch people at both extremes complain – one side thinks we already spend too much and thus the court is out of line to order more, and the other side is upset this verdict does not go far enough.

In truth, this decision is very measured in its scope, and narrow in terms of what we have been ordered to do. The court was deferential to the legislature’s work, accepting the premise of our plan:
  1. Use the terms set out in the Montoy settlement as a baseline,
  2. Adjust for inflation moving forward, and
  3. Apply it to the current formula and student headcount.
The court simply identified a weakness in the timeline of the inflation adjustments. 
 
According to Monday's opinion: 
“The situation facing the State after Gannon V was released on October 2, 2017, was substantially more complex than the one facing it with the release of today's decision…Because of the legislature's work during the 2018 session, the issues now are narrower, e.g., funding the system the legislature created."
Beware those who call for a constitutional amendment. In fact, our system works beautifully as intended. The legislature retains the power of the purse and can, through sound decision-making moving forward, provide the remedy that ends this lawsuit and keeps us from being drawn back in to future litigation. As to the notion that these are “unelected judges legislating from the bench,” keep in mind that while initially appointed by the governor, at this point all Supreme Court justices have had their names on the ballot and were chosen by the people of Kansas.
 
I am proud of the work we have done and pleased by the progress we have made. I look forward to finishing the job in the 2019 legislative session. I often remind people this is a marathon, not a sprint. Legislating involves constant focus on consensus building and compromise. Perfection is impossible, but fulfilling our constitutional duty is within reach.
 
That being said, it’s another election year. Our ability to respond appropriately will be shaped by the outcome of the 2018 election cycle. The choice is yours – when you choose not to vote, you double the value of another’s vote. You have options - vote by mail (helpful if you will be on vacation August 7), or go to the polls. In-person advance voting begins July 23. In either case, you should check to ensure you are registered to vote – the deadline for new registration or to change your address is July 17. Primary election day is Tuesday, August 7. For unbiased information about candidates in your area, visit KanVote.com/learn.
 
INTERNET SALES TAX - South Dakota v. Wayfair
A much-anticipated Supreme Court decision was handed down in South Dakota v. Wayfair. This case challenged the old ruling in Quill v. North Dakota, which barred states from charging sales tax on internet retailers with no physical presence in the state. The high court ruled in South Dakota’s favor in a 5-4 decision released June 21st, which determined states can require internet retailers to charge sales tax in some circumstances, even if they have no physical property or employees in the state. 
 
This decision will help Main Streat businesses compete with large companies and level the playing field for online versus brick-and-mortar purchases. This is a victory for states and localities, who are losing billions in tax revenue due to antiquated laws. Undoubtedly, this will have huge implications on e-commerce and state internet sales tax laws. 

The Kansas Legislative Research Department (KLRD) does not yet have a firm estimate regarding the impact this will have, so it is much too soon to make assumptions. Any action we take should be measured and evidence-based so we can bring balance back to the tax code and positively impact other programs and services.
 
SPORTS BETTING - MURPHY V. NCAA
The Supreme Court struck down a federal law enacted in 1992, the Professional and Amateur Sports Protection Act, ruling in favor of betting on sports. The Supreme Court found that upholding the Act would violate state sovereignty, and ruled to allow the decision to be left to individual states.  
 
More than 15 states have either passed or introduced sports betting laws in anticipation of this decision. Rep. Jan Kessinger of Overland Park, a former member of the Kansas Gaming and Racing Commission, introduced HB 2792, which would have created the Kansas Sports Wagering Act. Had it passed, the bill would have authorized the Kansas Lottery to allow sports betting, pending the outcome of Murphy. I expect this legislation to be updated and reintroduced at the beginning of the 2019 session.
 
As with any policy topic, there are lawmakers on both sides of the issue. Some have a moral opposition to gambling, others are concerned about disrupting existing gaming terms, while some are supportive. I remain open-minded and intrigued by this new opportunity and look forward to learning much more about the issues that need to be addressed before moving legislation.
 
IN CLOSING
Much important work lies ahead in the 2019 legislative session. I have worked hard to earn your trust and hope I can count on your vote. My campaign is underway and I would appreciate your help.
  • Host a neighborhood coffee. Please email me so we can set a date. These are a terrific way to meet people in small groups for good conversation.    
  • Join me knocking doors. This is the single most effective way to connect with voters.
  • Host a yard sign in your yard. Simply email me and the campaign will deliver a sign and pick it up when done. All you need to do is give permission.
Please consider a donation to my campaign. There are two easy ways to contribute. To make an online donation, visit melissarooker.com or you are welcome to send checks to:

Melissa Rooker for State Representative
4124 Brookridge Drive 
Fairway, 66205
 
Please do not hesitate to contact me with questions, comments or concerns regarding the issues facing our community and our state. It is my honor to serve and represent you in Topeka. 

Sincerely,

Rep. Melissa Rooker
Kansas State Representative, District 25
Serving Northeast Johnson County
Copyright © 2018 All rights reserved.
Melissa Rooker,