Standing up for conservative, traditional values...

Marriage | Education | Energy | Taxes and Fiscal Policy | Life Issues | Judical Activism
Second Amendment | Immigration | Reforming Our Criminal Justice System | Federalism

TAXES AND FISCAL POLICY
A recent US News & World Report article ranks Kansas as 1 of 10 states where taxes are rising the most. Lance offered these comments:

"U.S. News & World Report ranks Kansas as 1 of 10 states where taxes are rising the most. The fact is we have implemented an irresponsible tax policy in order to fund an even more irresponsible fiscal policy. I am proud to have voted against both the 18% increase in state sales taxes and the FY 2011 budget that grew state government by over $200 million. Elections have very real consequences. 2010 provides us with an opportunity to restore Kansas values to Kansas government."

I encourage you to take a moment to view this attached power point presentation prepared by Rep. Kasha Kelley (R- ArkCity) that provides a helpful overview of the Kansas Budget.

Every day Kansas families make the tough choices necessary to live within their means. Government must do the same. It is time we restored Kansas values to Kansas government. This begins by stopping the destructive practice of spending more money than we take in. I have consistently voted against irresponsible state budgets including the FY 2011 budget that has set the stage for yet another budget crisis by growing state government in the midst of an economic downturn. Restoring fiscal responsibility must start with reforming our existing school finance formula to allow greater local control by voters and elected schools boards. K-12 education accounts for over ½ of the state general fund budget and overall aid to schools increased 26% on a per pupil basis from FY 2005 through FY 2009. Yet despite this investment our local school districts in Johnson County remain at a disadvantage because of inherent flaws in the current finance formula. In Kansas 56.8% of K-12 funding comes from State dollars and 35.8% from local dollars. The national average is 46% State and 44.4% local. For other States in our region it is 41.1% State and 47.5% local. I have proposed specific solutions to provide more equitable funding alternatives to Olathe that focus on recognizing the recognizing the diverse needs of the close to 300 school district across the state and empowering local communities to make the best choices for their children. Restoring fiscal responsibility will also require reforming the way Kansas government does business. This begins by evaluating every agency, every department and every program in order to require accountability to clearly defined and measurable public policy goals. All too often government waste and inefficiency are a byproduct of a system that fails to ask the most basic questions regarding why a given program exists and whether it is in fact serving its intended purpose.

The only long term solution to our budget challenges must combine fiscal discipline with economic growth. This requires a tax policy that promotes investment and wealth creation. We must reform our property tax system to limit stealth tax increases created by reappraisals. We should also provide greater tax relief to families with children, follow through on elimination of the estate tax and avoid gimmicks like a sugar tax in favor of more comprehensive reforms that should include rolling back recent sales tax increases and eliminating taxes that discourage capital investment. I also support the Taxpayer Protection Act, which would make it more difficult to raise taxes on Kansans -- read more about this act in this press release.

For more information on my views on taxation, please read my Comments on Taxation and Spending from mid-2005.

STRENGTHENING OUR CRIMINAL JUSTICE SYSTEM
Government has no more crucial role than protecting the safety of its citizens. Reforming our criminal justice system to stiffen penalties against violent offenders and reduce recidivism is among my top priorities. As vice-chairman of the House Judiciary Committee I have pressed for legislation imposing tough minimum sentences for child sex offenders and tightening offender registry requirements. It was my great honor to be chosen to carry "Jessica's Law" on the floor of the Kansas House. This legislation provides a mandatory penalty of 25 years to life for first time child sex offenders. For more information on this important legislation look here: http://www.lancekinzer.com/jesslawpr050806.html

In 2010 Rep. Kinzer’s Bill, HB 2435, became law. I introduced HB 2435 in response to two recent Kansas Supreme Court decisions that had the effect of reducing criminal sentences for sex offenders in Kansas . In May, 2009 in the case of State v. Horn the Kansas Supreme Court invalidated the imposition of enhanced sentences for individuals convicted of attempting to commit a sexually violent crime against a child. This decision was followed by an October, 2009 opinion in the case of State v. Trautloff in which the Court ruled that the Kansas habitual sex offender statute does not apply to individuals who were convicted of multiple sex offenses on the same day.

Horn was convicted of attempted aggravated criminal sodomy of a child under the age of 14 and was sentenced to a minimum 25 years under Jessica's law. The Kansas Supreme Court invalidated this sentence and required that Horn be re-sentenced under a more lenient general attempts statute. HB 2435 restores the clear intent of Jessica's law to impose significant mandatory minimum sentences for child sex offenders.

In 1996 Trautloff was convicted of rape of an 8 year old, aggravated indecent liberties with another 8 year old, and a further count of aggravated indecent liberties with a 9 year old. (One of the aggravated indecent liberties convictions was subsequently overturned). More than a decade latter Trautloff was convicted of rape, aggravated sodomy, aggravated indecent liberties with a child and sexual exploitation of a child all resulting from a scheme in which Trautloff paid for sex with a seven year old girl. He was sentenced to life in prison without the possibility of parole under the Kansas habitual sex offender statute. The Kansas Supreme Court invalidated this sentence because the 1996 convictions had been adjudicated on the same day and as such, in the view of the Court, were not separate conviction events. HB 2435 makes it clear that this any person convicted of two or more sexually violent crimes is a habitual sex offender.

On April 11, 2008 Gov. Sebelius signed SB 477 into law. I carried HB 477 on the House floor. This bill amends current law to add electronic solicitation to the list of sexually violent crimes requiring post release registration pursuant to the Kansas Offender Registration Act. The Kansas Offender Registry is an online resource that alerts citizens to offenders living in their community. To view the Offender Registry please visit this link.

I also co-sponsored HB 2732, a bill that was passed and signed by the Governor. Under this bill judges are now prohibited from granting probation to people convicted of committing crimes of extreme sexual violence and restricts the ability of judges to reduce the prison time required by the Kansas sentencing guidelines for such crimes. The need for such reform in Kansas is evidenced by several recent cases. For example:

  • Orlando Paul Cisneros, a 38-yearold Topeka man convicted by a jury of 17 counts of raping and sodomizing a 14-year-old girl, received a sentence of only a three-years probation.
  • Probation was granted to Nicholas Lee Crites after he was convicted of aggravated indecent liberties against a 15-year-old girl. Sentencing guidelines called for a prison term of nearly five years.
  • Federico Mendoza, a 34-year-old man convicted of electronic solicitation of a child was sentenced to only three-years of probation. HB 2332 passed the House but stalled in the Senate. As a member of the judiciary conference committee Rep. Kinzer pushed the Senate to include the provisions of HB 2732 in a new bill. At the end of the 2008 session the Senate agreed and passed a new bill HB 2707 that included these important new restrictions.

Developing a comprehensive approach to protecting our children from predators is vital, that is why I was so grateful to serve on the Attorney General's Security and Firm Enforcement for Kansas (SAFE) Task Force. Lean more about this here.

Rep. Kinzer's work to protect Kansas citizens has been recognized by the Kansas County and District Attorney's Association: http://www.lancekinzer.com/kcdaa06.html

IMMIGRATION
While immigration policy is largely a federal issue the State does have a role to play. I believe that all people are entitled to be treated with dignity and to be afforded basic human rights. That having been said, civil benefits such as in-state tuition, welfare benefits and voting rights should not be extended to those who are in this country unlawfully. The United States has both a right and an obligation to enforce an orderly and lawful immigration system. Policies that provide incentives for people to skirt the law are inherently counterproductive and must be reformed.

With this in mind:

I carried on the House floor a measure that would have repealed the current Kansas law that allows undocumented students to receive in-state tuition at Kansas Universities.

I also have introduced and or supported legislation that would restrict the receipt of public benefit by those not lawfully present in the United States; require more stringent "proof of citizenship requirements" for voting; enhance penalties against employers who knowingly hire unauthorized aliens; encourage State and local law enforcement to support the enforcement of federal immigration law; deny drivers licenses to illegal aliens; and many similar proposals.

To see my testimony on my bill restricting public benefits for unauthorized aliens look here: http://www.lancekinzer.com/testimonyhb2367.html

In February of 2008 22 co-sponsors and I introduced legislation which, among other things, would have imposed penalties on employers who knowingly hire illegal aliens and would deny illegal aliens access to public benefits. For details of this legislation, read the lead article in my 2008 Legislative Newsletter.

LIFE ISSUES
Abortion - I am strongly pro-life and am proud to have received a 100% rating from Kansans for Life during my time in the legislature.

During the 2010 legislative session the Kansas legislature came 1 vote short of overriding a veto of a bill I authored strengthening Kansas law with respect to late term abortions performed on unborn babies capable of living outside the womb. Under this bill Kansas doctors who perform such abortions would be have been required to state the specific medical diagnosis justifying compliance of the existing legal standard limiting such abortions to cases of “substantial and irreversible impairment of a major bodily function of the mother.” I remain committed to working to see this important bill become law.

In 2009 my bill the “Woman’s Right to Know and See Act” became law. Under this law women considering abortions now have greater access to information, including an opportunity to view a sonogram of their unborn child if they so choose. Women now receive a list of free sonogram locations and information regarding free counseling and services for medically challenging pregnancies and contacts for free perinatal hospice services.

In 2008, I authored House Substitute for SB 389, the Comprehensive Abortion Reform Act (CARA), a bill vetoed by the Governor. If signed the bill would have substantially amended and clarified late- term abortion regulations as well as informed consent and parental notification provisions in existing Kansas law.

Under the bill women would have had the opportunity to see an ultrasound and hear the fetal heart tone of their unborn child. Additionally, women would have received a copy of the written medical diagnosis being used to justifying an abortion after 22 weeks gestation, as well as receiving free perinatal hospice and medical services information thirty minutes prior to the procedure.

The bill also included provisions to stop predators from bringing pregnant minors into Kansas abortion clinics to destroy evidence of statutory rape. The bill would have strengthened ID requirements, abuse reporting, and clarified the right of custodial parents to receive notice of their daughter’s intent to have an abortion. By allowing the Attorney General and local prosecutors to review Kansas Department of Health and Environment reports the bill would have substantially strengthened existing law.

During the 2007 legislative session I carried HB 2006, also known as Alexa's Law. This bill recognizes a separate crime where an unborn child is killed or injured by the criminal conduct of a third party. Currently 36 states have fetal homicide laws in effect. While these bills differ in their exact language they have a similar purpose of recognizing a distinct crime associated with death or injury to an unborn child. Nationally this issue gained much attention in the Laci Peterson case; in Kansas the June 2006 murder of Chelsea Brooks and the death of her unborn child has created a significant degree of public concern regarding the lack of "fetal homicide" legislation in Kansas. My leadership helped fend of hostile amendments on the House Floor as Alexa's law gained approval.

In 2007, I also sponsored a proviso aimed at strengthening the late term abortion reporting law in Kansas in order to ensure that viable unborn children are not illegally aborted. This proviso was vetoed by the Governor. Brent Castilo of the The Wichita Eagle wrote an editorial strongly criticizing this veto. You can read his editorial here.

After the completion of the 2007 legislative session, I led a press conference on the Capitol steps spelling out the legal case against late term abortionist George Tiller. Learn more about that press conference here.

On September 7th, 2007 Rep. Kinzer testified before a joint legislative committee regarding the need for proper enforcement of current laws limiting late term abortions in Kansas. To read Rep. Kinzer's complete testimony look here.

Human Cloning - I oppose the use of technology that creates and then destroys human embryos for the purpose of medical experimentation. Embryonic stem cell research is fraught with ethical problems and fails to deliver on its proponents promises of medical cures. For a quick overview of issues related to stem cell research please view this power point presentation: What is Stem Cell Research?

An excellent article exploring this seemingly complex issue can be found here: http://www.nationalreview.com/comment/doerflinger200512130824.asp.

For a more complete consideration of my views on this matter you can read a speech I delivered to the Blue Valley Rotary Club: http://www.lancekinzer.com/bvrotarystemcell.html

While embryonic stem cell research has failed to produce medical treatments, there has been great success in the area of non-embryonic stem cells. Indeed all current stem cell related medical treatments are the result of ethical non-embryonic research. I support making Kansas a world wide leader in non-embryonic stem cell research. In particular I support the establishment of a Non-Embryonic Adult Stem Cell Research Fund to advance successful and ethical research in the state of Kansas. Private donors would receive tax credits and the Bioscience Authority would award grants based on specific research requests dependent on the fund balance and the type of research. Lance also supports the establishment of a Kansas Umbilical Cord Bank Fund that will provide grants to help establish or expand private umbilical cord bank organizations. Umbilical Cords are among the best sources of non-embryonic stem cells. To be eligible, a bank must gather, collect and preserve umbilical cords and placentas only from live births. Umbilical cords also must be primarily distributed to recipients who are unrelated to the donors. Private donors would receive tax credits and the Bioscience Authority would award grants based on specific criteria.

In 2007, K-State Scientists recognized Rep. Kinzer for support of ethical umbilical cord matrix stem cell research. Read the release here.

End Of Life Issues - I believe that all life is precious. Sadly, in our day there are some for whom a concept of social utility has replaced the notion of inherent human dignity. The losers in this ethical sea change have been the elderly, the poor, the disabled and the unborn. I agree with former Surgeon General C. Everett Koop when he noted that"... we must be wary of those who are too willing to end the lives of the elderly and the ill. If we ever decide that a poor quality of life justifies ending that life, we have taken a step down a slippery slope that places all of us in danger. “ For more information on my position on end of lfe issues please see my testimony regarding HB 2849.

EDUCATION
During the 2010 legislative session I led the effort to reform the school finance formula to provide more equitable funding for Olathe Schools. For a more detailed summary of my efforts in this regard and how they relate to the overall fiscal condition of the state please look here.

Education in Kansas must be kid focused, not system focused. I am a product of the Olathe school system, both of my children attend public school in Olathe and my wife teaches in the district. I am extremely grateful to the educators in this community for the fine job they do. I am convinced that local control coupled with accountability is vital. To maintain excellence going forward we must be innovative and efficient in our expenditure of taxpayer dollars. K - 12 education makes up well over 1/2 of the State General Fund budget, but we are not doing enough to make sure these dollars get to the classroom. State wide Kansas schools have among the highest administrative overhead in the nation. I favor reducing the number of school districts in the state, allowing local districts the ability (with voter approval) to raise more revenue at the local level, targeting state dollars to the core requirements necessary to provide a suitable education for all students, and providing greater flexibility for parents to choose the best educational options for their children.

During my time in the legislature I have worked to pass school finance plans that would: 1) increase local control; 2) provide a fair percentage of state dollars to Olathe schools; 3) be affordable in the overall context of the state budget; 4) include reasonable accountability measures. While I have voted in favor of proposals to increase K-12 spending by approximately $460 million dollars, I do not support the current school finance plan. While the current plan includes significant new dollars for education it distributes those dollars in a fashion that is unfair to our school district. To put this in perspective Johnson County will pay approximately 30% of the tax bill for this plan and educate about 18% all Kansas students, but only 8% of new dollars will come back to our local schools. The plan I supported during the 2006 session fell just a few votes short. It would have provided greater local control over funding of schools while directing a more equitable percentage of new dollars to Olathe.

During the 2007 legislative session I carried an amendment on the House floor that would have redistributed K-12 dollars in a more equitable fashion for growing school districts like Olathe. Unfortunately the legislature decided to continue with the current disproportionate plan.

On April 1, 2008 I joined 18 other members of the Johnson County House delegation in voting no on Senate Bill 531. This bill, while adding some state dollars to the bases state aid amount, would have perpetuated and in some ways worsened the current inequitable distribution of K-12 funding in Kansas. Prior to the final vote on SB 531, I offered two floor amendments that would have reformed the current school finance formula to deal more equitably with suburban school districts. In particular I offered a proposal to reallocate proposed increases in K- 12 funding away from base aid (which disproportionately benefits rural and high density urban districts) and toward high enrollment weighting. I further offered an amendment that would have linked enhanced high enrollment weighting to future increases in base state aid. Under current law rural districts receive up to 100% weighting above base state aid, thus creating a windfall when that aid is increased. On the other hand large suburban districts receive no more than 3% weighting under similar circumstances. After these amendments failed Rep. Kinzer joined his Johnson County Colleagues in the following explanation of vote:

“MR. SPEAKER: We vote no on SB 531. This bill does not address the inequities in funding that our schools suffer in Johnson County. A school funding formula that pays some school districts much more than 100% of actual costs while denying adequate funding to others should be amended. We have for so long argued and voted for more money for all Kansas schools although Johnson County continues to be number 269 out of 298 in per pupil funding. We can no long support a flawed funding formula.— Kay Wolf, Sheryl Spalding, Terrie Huntington, Ron Worley, Arlen Siegfreid, Anthony Brown, Kevin Yoder, Jill Quigley, Mike Kiegerl, Lance Kinzer, Pat Colloton, Jeff Colyer, Rob Olson, Thomas Owens, Ben Hodge, Ronnie Metsker, Judy Morrison, Ray Merrick.”

For more information about my efforts to reform school finance look here:

  • Rep. Kinzer Introduces Bill Broadening Local School Districts Ability To Seek Funding For Early Childhood Learning Centers
  • Appropriations Committee Holds Hearings on Rep. Kinzer’s Bill Promoting Local Control of Education
  • Kinzer Blasts School Funding Plan as Unfair to Johnson County

    Special Needs Scholarships -- In 2007, I testified before the House Education Committee regarding HB 2253 which would provide educational scholarships for special education students to attend the school of their choice. To view my testimony on this issue look here.

    ENERGY
    A great deal of media attention has been directed to the Holcomb power plant issue. Regardless of the political rancor associated with this issue one positive is the opportunity this discussion provides to address long term energy policy for Kansas. I do not think that our current 75% reliance on coal is sustainable or desirable over the long term. As such I have long advocated for a state energy policy that works to incentivize development and implementation of alternative energy technologies. While I believe that the proposals considered by the legislature this year could have been improved in many ways I did vote in favor of House Substitute for SB 148 and SB 327. To understand why I think it is helpful to first give consideration to the actual provisions of these bills, summaries of which can be found here: http://www.kslegislature.org/ supplemental/2008/SN0148.pdf & http://www.kslegislature.org/ supplemental/2008/SN0327.pdf.

    It is my sincere belief that these bills would have done much more to move Kansas away from long term dependence on coal than any existing provision of Kansas law. In all candor, I also believe these bills addresses a real abuse of power by the Kansas Department of Health & Environment in failing to properly apply existing law to the permit applications by Sunflower.

    All this having been said, for me the crucial question is one of good stewardship. Regardless of the potential economic benefits of Holcomb, or the political ramifications of voting one way or another, the higher obligation was to ask how SB 148 and SB 327, taken as a whole, interact with our obligations to act with care in the use of natural resources, and with due concern for the implication of our actions on posterity.

    With this in mind I truly do believe that SB 148 & SB 327 would have hastened the transition to renewable energy and as such were in the best interests of the citizens of Kansas . Of course I fully understand and respect the fact that people of good will can reach different conclusions on this matter.

    Regardless of one's opinion as to these specific bills I think most people can agree that the heightened attention given to energy policy in Kansas is a good thing and provides us with a valuable opportunity in the coming months to step away from the politics of the Holcomb issue and give serious consideration to comprehensive energy policy in Kansas .

    JUDICIAL ACTIVISM
    Among the most crucial issues facing the State of Kansas is this: Will the legislature take action to defend the right of the people to control the appropriations power through the electoral process? The Kansas Supreme Court has challenged this principle by boldly asserting that is has the authority to direct how much taxpayer money will be spent of K - 12 education in Kansas. The best resolution to this separation of powers problem involves recalling that under our system of government it is the people, not the legislature or the courts who are ultimately sovereign. And that as such the people, through the constitutional amendment process, should be allowed to resolve this issue. It is for this reason that I introduced an amendment that would clarify that appropriations must be made via the democratic process, not by judicial edict. For more insight into my views, please read my testimony before the Judiciary Committee on this important issue.

    Professor Stephen McAllister of the University of Kansas School of Law filed a brief with the Kansas Supreme Court setting forth the folly of the Court's reasoning in the school finance case mentioned above. Click on this link for to see the brief: KU Law Professor and Former Dean Exposes Court’s Flawed Reasoning in Montoy.

    JUDICIAL SELECTION
    I also favor reforming our appellate court judicial selection process to allow greater openness and accountability. For more information on my specific proposals in this regard please read the following:

  • Testimony on HB5031 and 2799, Judicial selection reform bills I introduced in 2008, here.
  • Testimony before the House Judiciary Committee from February 8, 2006, here.
  • Testimony on HCR 5008 here.

    KU Law Professer Stephen Ware recently discussed Judicial Selection in Kansas in a white paper that you can read here.

    SECOND AMENDMENT
    The right of the people to keep and bear arms is a crucial constitutional protection. I was proud to support the right of law abiding Kansas Citizens to carry firearms for self defense. I am pleased that Kansas has now joined 46 other states in recognizing this important right. I am a strong proponent of the "Castle Doctrine" and believe that the right to stand and defend oneself from violence should be clearly defined to include any place you have a lawful right to be. While responsible use of firearms must be protected, those who abuse this right must be severely punished. I support laws that provide increased penalties for those who use firearms in the commission of a crime.

    The Kansas State Rifle Association has endorsed Lance Kinzer for re-election. In a letter to Lance, PAC President Patricia Stoneking said the following:

    "You have consistently demonstrated a sincere and unwavering support for the most fundamental meaning of the Second Amendment. Your voting record reflects a long history of working towards protecting the Second Amendment rights of Kansans and exemplifies the character and nature of a true patriot."

    The full release can be found by clicking here.

    MARRIAGE
    Both in Committee and on the House Floor I helped lead the successful effort to pass a Constitutional Amendment prohibiting same sex marriage and civil unions. For more information on my views on Marriage, view my comments on the Marriage Amendment, passed in 2005.

    Domestic Partnership Ordinances – I appeared before the House Federal & State Affairs Committee on HB 2299 which would prohibit local government entities from establishing domestic partnership registries. Such registries would be contrary to the traditional practice of governing domestic relations via state laws of general applicability. Furthermore, implementation of domestic partnership registries at the local level could set up legal challenges to the 2005 marriage amendment which was passed by an overwhelming majority of Kansas voters. For more of my thoughts on this issue look here.

    FEDERALISM
    The 10th Amendment provides that “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” This amendment along with the entire structure establishes the federal government as an entity with limited powers. All too often the federal government has gone beyond its proper role imposing burdensome mandates on the state. Among the most prominent is the recent federal health care bill. While reforming our existing system to contain costs is a necessity, the bill that passed takes an ill advised top down approach and violates crucial constitutional limitations in its imposition of an individual insurance mandate. During the 2010 legislative session I provided testimony in favor of HR 6036, a resolution from the House challenging the Constitutionality of the new federal health care law. To read this testimony, click here.


    For more insight into my basic approach to government please visit the following link: http://www.kirkcenter.org/kirk/ten-principles.html. It sets forth ten basic conservative principles that sum up my beliefs.

    For questions or comments, please contact me at 913-782-5885 or e-mail him at lance@lancekinzer.com.


  • Paid for by Lance Kinzer Campaign; Lance Kinzer, Treasurer

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