KANU News Retention

[TAMA WAGNER]: A federal grand jury alleges Stephan lied under oath in connection with a sexual harassment lawsuit filed almost a decade ago. While Stephan will not comment on the perjury charges -- [BOB STEPHAN]: "I can't." -- the attorney general's spokesperson, Mary Horsch, did issue a statement, a statement that indicates Stephan will remain in office while his case is argued in court. [MARY HORSCH]: In regard to the charges made by the U.S. Attorney of Missouri, General Stephan is innocent. He will continue to carry out his responsibilities as attorney general in a fair and just manner. [TAMA WAGNER]: Legal problems for Stephan, the state's top law enforcement officer, began when former clerk Marcia Tomson filed a sexual harassment lawsuit. That lawsuit was settled out of court. According to Tomson's attorney, the terms of the suit were to remain confidential, but in 1985, in an effort to cut his political losses, Stephan went public with the terms of the settlement. At the time, he was considered the frontrunner in the GOP gubernatorial primary. But because Stephan publicized the settlement terms, Tomson filed a second suit alleging breach of

contract. This is where the perjury charges come in. Stephan testified he did not know the terms of the settlement. But others have testified Stephan not only knew, but also helped negotiate the deal. Today Stephan maintains his innocence and vows to hold on to his office. Nothing in Kansas law requires his resignation, but Stephan will likely feel political pressure to step down. Republican Party chairman Kim Wells did not offer unconditional support, and instead encouraged the attorney general to do the right thing. [KIM WELLS]: I think what happens next is up to the attorney general, and he's perfectly capable of making the correct decision on his own. And he doesn't need my advice or the party's advice or anyone's advice, for that matter. So, really won't have any more to say than that. [TAMA WAGNER]: Sources say if Stephan were to resign now, the GOP would have a chance to salvage the office. Even though Democratic Governor Joan Finney would appoint the successor, Republicans would have an opportunity to reclaim the office in the 1992 election. But if Stephan waits, the Democratic successor would be

solidly locked into the attorney general's office until 1994. But Stephan's supporters remind he is innocent until otherwise proven. And they say he should not relinquish his elected position. At this point, the governor is watching from the sidelines. When asked if Stephan should resign, Joan Finney simply said it's not her decision to make. [JOAN FINNEY]: Well, I think the situation is difficult. It really is hard on state government, and it's difficult for the office, and it's also a very trying situation for the general himself, but I will await his decision. [TAMA WAGNER]: The next step for Stephan will be processing -- fingerprints, mugshots, and the like -- then an appearance in federal court. The attorney general will then have several options. He can plead guilty or no contest and await sentencing; he can plead innocent and go to trial; or he can plea-bargain. The maximum penalty for perjury is five years or $2,000. For Kansas Public Radio, I'm Tama Wagner at the statehouse. *****

[TAMA WAGNER]: A federal grand jury alleges Stephan lied under oath about his involvement in the out-of-court settlement of a sexual harassment lawsuit brought by a former employee nearly a decade ago. Stephan now faces three counts, and if convicted, a maximum 15 years in prison and/or a $750,000 fine. Stephan's legal problems, according to Virgil Dean with the Kansas State Historical Society, give the attorney general a place in history. [VIRGIL DEAN]: There have been a number of what you might call scandals in state government. And other officials- charges brought against other state officials, since the very first administration of Governor Robinson. But as far as I know, this is the first time a sitting attorney general has been indicted on federal charges. [TAMA WAGNER]: Back in the 1930's, then attorney general Roland Boynton and state auditor Will French did get into some trouble in connection with the Finney Bond Scandal. Dean says an attempt to oust the politicians failed.

[VIRGIL DEAN]: They were impeached in the house, but not indicted and not convicted in the senate, and so they remained in office. [TAMA WAGNER]: The word impeachment has been whispered and even thrown about at the statehouse in connection with the Stephan indictment. Kansas law does allow impeachment if an elected official is convicted of a high crime. But that attempt won't be made anytime soon. Assistant minority leader Wanda Fuller says the house should stay out of this legal matter. The Wichita Republican reminds Stephan is innocent until otherwise proven. [WANDA FULLER]: I would not favor impeachment at this point. I think it's very early for us to even be discussing that. [TAMA WAGNER]: But there are other ways to get an elected official out of office. One of Stephan's most vocal critics, disbarred attorney Fred Phelps, has begun work on a recall. He'll need to collect about 77,000 signatures to force an election. But don't count on Phelps's action or other political pressure to encourage Stephan to resign. A spokesperson for the attorney general says he's firmly planted in the office.

But house majority leader Tom Sawyer says perhaps Stephan should consider the best interest of the state. [TOM SAWYER]: Considering the position he's in as the chief law enforcement officer in the land and the credibility of that position, you know, it may be better for the state, you know, save us some of the agony of going through a trial if he were to resign. [TAMA WAGNER]: But house speaker Marvin Barkis points out the public has reelected Stephan twice since the sexual harassment charges surfaced. He says Stephan remains a popular politician. Bob Stephan will make his first appearance in federal court within the next two weeks. For Kansas Public Radio, I'm Tama Wagner at the statehouse. ***** [TAMA WAGNER]: Members of the senate Elections Committee have given new life to the proposed presidential primary, rejecting an attempt to kill the April election. But Senator Lana Oleen, a Manhattan Republican, doubts that Kansas voters will agree with the committee decision. Oleen says constituents need to be aware that the primary remains unfunded and could force counties to

levy property tax increases to pay for the April runoff. [LANA OLEEN]: We have sent yet another mandate to our counties to pick up the tab at the local level, which is primarily funded by property taxes. [TAMA WAGNER]: If the legislature continues to reject attempts to squelch the election, Kansas could become the 39th state in the nation to hold a primary, and the only one not to provide funding. In addition, Oleen believes campaigning in Kansas will not be a priority for presidential candidates. She says it's doubtful voters will see presidential candidates in Hoxie, Kansas. Secretary of State Bill Graves supports a primary in Kansas if it's adequately funded, but says whatever the legislature chooses, it best get off the dime. [BILL GRAVES]: And ultimately, I think we're looking for an up or down vote, and we don't- I couldn't tell you the exact minute of the exact day, but generally speaking we think the end of the first week in February is pretty much the point of no return, where if some decision's not made to comply with the law, the counties would have to begin ordering ballots printed, you know, ordering

packets for the board workers and so forth. [TAMA WAGNER]: With the secretary of state's gun now at their heads, members of the senate Ways and Means Committee will debate whether to put $1.5 million into a primary. Even if it's approved, counties will not be reimbursed for costs for several months after the election. Senator Oleen believes the one-day primary is a waste of money. She argues Kansans can be heard and select candidates in a party caucus. But supporters, like Overland Park Senator Dick Bond, believe a presidential preference primary is essential. He says it's the only way voters will be heard. [DICK BOND]: Well, I think the current caucus system is "broke," and it is just a congested mess that discourages participation by Kansans in the presidential selection process. [TAMA WAGNER]: According to the secretary of state's office, only one national president candidate is currently on the ballot in

Kansas, Bob Kerrey of Nebraska. But the office does anticipate others will register as soon as the legislature reaches consensus on the election. They also point out past presidential primaries have experienced good voter turnout. But Senator Oleen contends that that $1.5 million earmarked for a presidential primary election could be put to better use. [LANA OLEEN]: The $1.5 could fund all of the at-risk student grant programs that many of us support overwhelmingly. It could inoculate all the children against disease in this state. It could restore the more than $1 million cut the governor has made to the arts programs. There's a lot of ways that money could be used. [TAMA WAGNER]: Oleen and other opponents will attempt again to block the presidential primary, but they face tough opposition. House majority leader Tom Sawyer is on record saying he'll protect the presidential primary. And the governor is also a supporter. She's recommended the $1.5 million appropriation in her budget. And Joan Finney says she'll veto any attempt to kill the presidential preference primary in Kansas. At the statehouse, I'm Tama

Wagner. ***** [TAMA WAGNER]: In 1986, Kansas remodeled the old Santa Fe building adjacent to the capitol. The stately ten story structure was needed for office space for hundreds of employees. Inside, the offices are tastefully decorated. But some state employees say looks can be deceiving. The air ventilation system running throughout the building is sucking in exhaust fumes from outside. On the back side of the building there are open fresh air intake vents. But state employee Jerry Merryman says instead of clean air, those vents can bring in fumes from three huge blackened generator pipes and exhaust from idling delivery trucks. [JERRY MERRYMAN]: See, there's the stacks for the generators right here, those are your exhaust pipes. [TAMA WAGNER]: And then these open vents that run up the side of the building, those are the intake? [JERRY MERRYMAN]: Right here. That's the air intake for a first-floor air handler -- see how they're staggered up the building. [TAMA WAGNER]: And so then

all the exhaust from this, and then from the- [JERRY MERRYMAN]: And what's pushed out here gets drawn in here. [TAMA WAGNER]: "In here" means into the building. This year on several occasions, state employees working in Landon have complained of headaches and nausea. It's even gotten more serious. After getting sick on the job, one employee was diagnosed with carbon monoxide poisoning. The problem at Landon came to a head in January when a storage container in the basement leaked some 300 gallons of diesel fuel. Those diesel fumes were filtered outside, but only to be drawn back into the building through the fresh air intake units. Because state employees are not covered by OSHA, the federal safety board, Merryman took his complaints to two separate state agencies, Health and Environment and Human Resources, only to be turned away. In frustration, Merryman contacted his own state senator, Marge Petty. [MARGE PETTY]: I will have to tell you when I was contacted by a constituent that there were 400 gallons of diesel fuel in a basement, and people having to go home or getting sick

because of the noxious fumes; and then when I found out that there were chronic, ongoing problems about the ventilation in that building from carbon monoxide; and that there had been an employee who had been diagnosed with carbon monoxide poisoning, I got extremely alarmed. [TAMA WAGNER]: Petty was alarmed enough to request a bill placing state employees under federal safety protection standards. The request was denied in committee. Some legislators believe Petty is overreacting. State Senator Bill Morris says the action is an unnecessary duplication of services. He says there's already a state agency fulfilling the function. But it was not until Petty contacted the Health and Safety Division in Human Resources that they responded to complaints at Landon. After visiting the Landon State Office Building, an inspector determined while the diesel fumes may be a nuisance, they do not pose a threat to human health. As for the building sitting on hundreds of gallons of diesel fuel, Don Bruner with the Health and Safety Division says it's not a big concern. [DON BRUNER]: There's lots of homes that have fuel oil and diesel oils stored in the homes or about the

homes when they're heated by that substance. It has a rather low flashpoint, but if there is an ignition source, surely you'll have a fire. [TAMA WAGNER]: The fuel is stored near the emergency generator, but Bruner says the fuel is for the generator and has been housed in the basement for years without incident. But January's diesel fuel spill was the first one, and fumes still linger as a reminder, according to Merryman, that anything can happen once. To improve the situation, Bruner suggests the fresh air intakes be moved, or the loading dock be restructured. Landon building maintenance is reportedly considering changes in the intake vents. As for Senator Petty, she'll make a second request for a health and safety protection standard for state employees. The Topeka Democrat is concerned the state may be injuring its employees when the problem could be prevented. [MARGE PETTY]: Not only is there a, I think, an ethical responsibility of an employer to have safe conditions, there's an economic impact if you have

state employees who are continually filing worker's comp claims because of unsafe or unhealthy conditions. [TAMA WAGNER]: Petty says the cost to ensure good working conditions is unknown, but she adds the cost of continuing with the status quo could be astronomical. For Kansas Public Radio, I'm Tama Wagner at the statehouse. ***** [TAMA WAGNER]: Jack Lacey's dark paneled office is lined with Ducks Unlimited artwork, a plastic lamp in the shape of a bass that was the first-prize trophy in a fishing derby, and a picture of Lacey and Governor Joan Finney. A year ago, Finney asked Lacey to come out of retirement and head her Department of Wildlife and Parks. But the Lacey appointment has been shadowed by controversy, because the job has qualifications that some legislators doubt Lacey meets. Lacey admits frustration with the process, but says the most aggravating aspect is that the controversy isn't over job performance, but rather over education. [JACK LACEY]: I think my whole lifetime qualifies me for doing the job. If you look at a person's life,

I think that is their education, and we never stop learning. My whole life has been spent doing the things that I'm involved in right now, which is hunting, fishing, trapping, camping, hiking, environment itself. And my whole life has been involved in those things. [TAMA WAGNER]: Lacey believes lawmakers need to see beyond the classroom. Lacey, a former state legislator, served on the house committee responsible for much of the legislation that guides the Wildlife and Parks Department today. He's been a master hunter safety instructor, and most importantly, he's like the people his agency serves -- he's a sportsman. But no matter how good a hunter Lacey is, a recent opinion from the attorney general's office says he's simply not qualified to serve as secretary. Kansas law requires the secretary be qualified in

education, training, and experience in parks or natural resources. Lacey is a retired postal worker with one year of junior college. And senate majority leader Fred Kerr says that experience does not meet the law. [FRED KERR]: Well, Mr. Lacey's education is very limited in that area, if at all. And so it sort of boils down to the dilemma of, "Do we vote for a person who may not meet, and probably does not meet, the letter of the law, and yet may be an acceptable secretary?" That's a rather tough vote to have to cast, and of course Governor Finney got around this somewhat by appointing him for a year as acting secretary, and she apparently had some qualms about his qualifications as well. [TAMA WAGNER]: If Finney did, in fact, have qualms, they were likely laid to rest by a 15 page memo from the Department of Administration. The memo details Lacey's qualifications, accomplishments, awards, and even endorsements from a department employee. Finney spokesperson Martha Walker says the governor continues to support Lacey and is confident the right person is heading the agency.

[MARTHA WALKER]: He's been a longtime public servant, served in the legislature, and over the course of the past year has exhibited tremendous ability to manage a department and take a lot of initiatives. Again, in a time when money has been tight, the initiatives have been very unique and very progressive, and I think that his record will serve him well going into the confirmation hearings. [TAMA WAGNER]: Lacey's saving grace could be the fact that the law is so vague. "Education" is not defined as classroom or degree. And the fact is, many legislators really like Lacey -- he's a former colleague. But a scathing Wichita Eagle editorial called for the appointment to be denied. It says no matter how fine a fellow Lacey is, he isn't qualified. The editorial went on to criticize the appointment, calling it typical of Finney to sashay around the law and appoint one of her cronies. And the Lacey appointment does bring up a broader question: should all gubernatorial appointees be required to meet minimum standards? As governor, Joan Finney, like all past governors, will appoint hundreds of people to well paying and often influential state

jobs. Critics call the concept of minimum qualifications elitist and an attempt to embarrass Joan Finney. But Representative Joan Hamilton, a Topeka Democrat, believes job standards must be imposed if the legislature wants the public to take state government seriously. [JOAN HAMILTON]: It makes a joke out of important positions that have very important responsibilities. [TAMA WAGNER]: And Lacey has a big job -- 400 employees and a $35 million budget. But many of those employees say he's doing a good job. Lacey has implemented restrictions on pesticide use on leased farmland owned by the agency; increased law enforcement; and some employees say he's even improved department morale. So the confirmation debate on Lacey's qualifications will center on defining education. But it should also be noted the senate has not denied a gubernatorial appointee in 10 years, and some senators say they're tired of rubber stamping unqualified political appointees. If Lacey does survive the confirmation process, don't expect the controversy to end. It will likely begin again when the next

Finney appointee appears before the senate. For Kansas Public Radio, I'm Tama Wagner at the statehouse. ***** [FRANK MORRIS]: In spite of assurances last summer from the state Department of Revenue that merchants on Indian reservations in Kansas are exempt from collecting state sales taxes, Attorney General Bob Stephan raided a convenience store on the Potawatomi Reservation, seizing hundreds of packs of cigarettes and filing suit against store owner Kathy Kaul. But a jury this week acquitted Kaul, in part because the Department of Revenue testified in her favor. Kaul's attorney Pantaleon Florez says the attorney general should have been more sensitive to a longstanding agreement between state tax collectors and Indian merchants. [PANTALEON FLOREZ]: They have had this position, it's been a longstanding position since before or at least 1978, when they had first issued a letter of opinion that these matters were not going to be taxable. And they communicated that to my client in November of 1990, about the time she opened her

store. [FRANK MORRIS]: The Department of Revenue's policy has long been under fire from off-reservation merchants, who say low gas and tobacco prices on the reservation are forcing them out of business. Governor Finney signed tax compacts with all four Kansas tribes. These agreements call for Indian nations to collect sales tax, thus providing fairer competition among area merchants. These compacts are subject to legislative approval. Hearings on them will likely begin next week. Until legislation is passed, however, changes in state policy toward Native Americans will be made or tested in court. Secretary of Revenue Mark Beshears says Stephan's raid pushed unclear sales tax law into court for definition. [MARK BESHEARS]: The law in this area is vague. It's not settled in Kansas. Therefore he used the method that he had available, which was a criminal statute, to go and test the validity of the state Sales Tax Act, and that's what he did. [FRANK MORRIS]: But Beshears says the Kaul case failed to clarify tax law. He says specific legislation or a definitive U.S.

Supreme Court ruling is needed to define the state's authority to impose sales tax on a reservation. Meanwhile, litigation between the attorney general's office and the Department of Revenue continues to tie up bureaucrats and court dockets. Beshears says how much all this will cost is anybody's guess. [MARK BESHEARS]: Obviously it's involving members of the attorney general's staff. There were members of my staff that had to go up and testify at that hearing. Obviously that is costing something. There is now civil litigation involving the attorney general in my office. Obviously that's going to also cost money. [FRANK MORRIS]: The attorney general's office, leaving no stone unturned, is suing the Department of Revenue to collect state sales tax on Indian reservations. And Kathy Kaul is suing Stephan. She says her bank cleaned out her savings account to pay a loan on which she was current, and she had to close her store because of Stephan's raid. Her lawyer says Stephan had no

authority to raid the store. Florez is asking the courts to rule the raid illegal and keep Stephan from doing it again. [PANTALEON FLOREZ]: We are going to be pursuing both the attorney general's office specifically on a declaratory and an injunctive action, that is, to have the court declare that there's no jurisdiction to do what was done in this case and to enjoin the state permanently from engaging in this conduct in the future. [FRANK MORRIS]: This is basically what Stephan is asking the Kansas supreme court to do to Governor Finney's casino gambling compact with the Kickapoo tribe -- nullify it, and make her promise to quit making state tribal compacts unless the legislature tells her she can. Stephan says if the governor would just quit trying to stretch the bounds of her authority, the state could get down to business. [BOB STEPHAN]: Just comply with the constitution of this state and recognize that being governor doesn't give you the authority that's granted to the other two branches of government. And then the matter's settled -- it's done! It goes to the legislature. They're to act in good faith, and I've told them that, and they need to

expedite the matter, and we conclude all this controversy. And I don't understand why it doesn't get done. [FRANK MORRIS]: From the statehouse, I'm Frank Morris. ***** [CROWD NOISES] [TAMA WAGNER]: Hundreds of educators, administrators, and parents crowded into the hearing room to catch the biggest show in town -- the school finance debate. At issue is the fact that a district court judge has determined Kansas is not providing an equal shot at education to all children. Thirteen year old Erin Caffrey, a student at Mount Hope Elementary School, told legislators their funding, or lack of funding, has cost her plenty. [ERIN CAFFREY]: The cuts in money for schools have cost me an English teacher, a computer teacher, local music classes only 20 minutes long, my band period was cut in half, and my P.E. time is now under 20 minutes. We don't even have time to change clothes, which stinks -- in more ways than one. [LAUGHTER]

[TAMA WAGNER]: In theory, Shawnee County District Court Judge Terry Bullock agrees with Caffrey that it does stink some children in Kansas, because of district wealth, are given better educational opportunities than others. Last summer after several school districts challenged the state's methods in court, Judge Bullock suggested to legislators they best come up with a way to provide an equal shot at learning to all children. Wichita Board of Education member Carol Rupe agrees with Bullock that the current system isn't equitable. [CAROL RUPE]: Why should I have to pay 10 times as much property tax as someone in another district simply because I do not have a nuclear power plant or a natural gas field in my backyard? [TAMA WAGNER]: But the legislative plan to comply with the judge's suggestion, a plan that would take revenues from wealthy districts with nuclear power plants and healthy industries and spread those dollars statewide, has pitted parent against parent and school against school. The plan currently on the table establishes a uniform mill levy, which could lower property taxes in 253 school districts, and gives

the state control of the purse strings. For some schools it could mean huge increases in state aid; for others, huge cuts. Cindy Cameron, a parent with children in the wealthy Shawnee Mission School District, asked legislators not to sacrifice her children's education for another child. [CINDY CAMERON]: When I explained to my five year old that I wouldn't be home for dinner tonight, she of course asked why. I told her that the governor of our state had a plan that would mean less money for our schools, and that if that happened, she might not get the kind of education her daddy and I wanted for her. Her eyes got big and her mouth dropped open and she said, "So you're going to stop them, aren't you?" [TAMA WAGNER]: Cameron also fears the quality of education will decline in her district if this plan becomes law. In smaller districts, the fear is cuts in funding will force consolidation, long commutes for children, and the loss of jobs and community. But Judge Bullock has said the legislature's duty is not to individual school districts, towns, or cities, but to each child in Kansas. Rupe with the Wichita Board of Education reminded

lawmakers the clock is ticking, and action on the new formula is necessary. [CAROL RUPE]: If the formula by this summer on school financing has not been significantly changed, I believe we will have no school in the fall. I don't need to tell you that there's a gun to all of your heads, I know you all know that. [TAMA WAGNER]: Judge Bullock will start setting trial dates in April with school districts who challenged the current funding formula. But the formula is only the first piece of the puzzle. The legislature must also come up with the $300 million to offset property taxes and fund the education plan. And one month into the session, that debate has not yet begun. For Kansas Public Radio, I'm Tama Wagner in Topeka. ***** [TAMA WAGNER]: Like many Kansans, Carol Clifford is worried about paying for healthcare in the future. Clifford, a retired state employee, suffers from osteoporosis. And because of the degenerating bone disease, she is disabled. Clifford's disability payments will expire this summer. Then she'll have a small pension, a state insurance supplement,

and Medicare. [CAROL CLIFFORD]: It's scary in many ways as prices go up, of course. The state budget we all know is in trouble. And if that gets cut back, my health insurance may get cut back. I'm also very frightened about the future of Medicare, because some doctors with the new pay scale are already announcing that they will stop taking Medicare patients. [TAMA WAGNER]: But Clifford is actually one of the fortunate, because unlike some 37 million other Americans, she does have access to necessary medical services. The United States spends $800 billion annually on healthcare, yet the nation's infant mortality rate remains among the highest. Paul Johnson with the Public Assistance Coalition says many people simply cannot afford the cost of health insurance. [PAUL JOHNSON]: When the majority of jobs that have been created in our country in the last 10 years have been minimum wage or just above, and many without any benefits- [TAMA WAGNER]: Without insurance benefits, basic medical care is often ignored -- Johnson says usually at the expense of children. Dick Brock with the Kansas Insurance

Department realizes his industry has gotten a black eye because of the healthcare crisis. While he's aware of the consumer criticism that insurance companies routinely drop paying customers and the increasing public dissatisfaction with the close relationship between insurers and medical providers, he says insurance providers have to work within the current system. [DICK BROCK]: All we can do is try to get the product out there at the lowest cost. And those people that still it doesn't meet their needs, then our society is going to have to address that problem some way. The insurance mechanism cannot. [TAMA WAGNER]: Brock points out the department has taken steps to set strict guidelines for insurance providers, a plan that could allow many to access healthcare through the current system. While the healthcare plan introduced by President Bush extends the current system by offering coupons to the poor to be traded for services and tax credits to the middle class, some argue it's time for a radical change, because they say the current system

which considers healthcare a commodity has outpriced itself in the real world. Kansas Senator Doug Walker is recommending that radical change. The Osawatomie Democrat proposes a state-run, single payer system that would provide healthcare for all Kansans. It's funded through an employer tax, an income tax increase, state general funds, and an increase in the alcohol and cigarette taxes. The Walker Reform Plan would establish an 11 member commission to ensure access, cost control, and quality. Walker says because the plan also limits the income potential of doctors, restricts hospital budgets, and nearly makes the current insurance business obsolete, he expects some opposition. [DOUG WALKER]: But it all boils down to economics. This plan is going to ration the healthcare dollars. And we're probably not going to spend those healthcare dollars the same way we're spending right now. And so it's economics; it's going to affect their pocketbooks. [TAMA WAGNER]: Chip Wheelan with the Kansas Medical Society says it's not entirely a pocketbook issue. Wheelan fears the creation of what he calls, "the healthcare czar," and says quite

frankly the medical society is skeptical a government-controlled healthcare system would be the most efficient. Wheelan also believes the Walker bill could make it difficult to attract new physicians to the state. But Walker says because the current system is expensive and denies access to those who cannot pay, the state must address the crisis. [DOUG WALKER]: While we're up here discussing it and just messing around, as I would say, people are out there are going bankrupt, they're not having access to healthcare. So as we talk about it, people out there are actually suffering from the current system. [TAMA WAGNER]: Walker says it's especially frustrating when public opinion polls rank healthcare second only to unemployment as a concern. Yet he says the legislature can't see its way clear to correct the problem. But Wheelan with the Medical Society and Brock with the Insurance Department say it's far too early in the dialogue to jump into a new and untested system. The Walker bill has little chance of passage this session. For Kansas Public Radio, I'm Tama Wagner at the statehouse. *****

[TAMA WAGNER]: Twenty-three states have negotiated gambling compacts with Indian tribes, and while some of those negotiations have wrestled with some controversy, Kansas may become the only state to actually renege on a compact. Three pieces of legislation have been introduced that could hold up Indian plans to build casinos in Kansas. The first measure would simply make casino gambling illegal. The other two are constitutional amendments and would allow Kansas voters to determine the casino issue. Hiawatha resident Staci Charles told members of a senate committee they could count her as a "NO" vote on casinos. [STACI CHARLES]: Why not be different from other states who promote gambling and keep Kansas a safe and clean place to live? Good economic development could come as industries from other states polluted by gambling search for employees with strong work ethics and find these kind of people in Kansas. [TAMA WAGNER]: Charles's hometown Hiawatha is the proposed site for the Grand Kickapoo Casino, and the tribe has already purchased 400 acres to build the gaming complex. But Charles handed senators a

petition with some 1,000 signatures from area residents who oppose casinos. But not everyone in Hiawatha agrees with Charles. City officials like the mayor have lobbied in favor, and call casino gambling the city's last chance for real economic development and jobs. But Charles doubts the promise of jobs is worth the risk of casinos. Her fears were confirmed by a former FBI agent William Ouseley. A 22 year veteran in the Organized Crime Division, Ouseley warned legislators there is a threat with casino gambling. [WILLIAM OUSELEY]: Every state is looking for sources of revenue, it's like a steamroller going across the country looking at every form of gambling. And every time there is this situation, the question is does it necessarily follow that we will have organized crime activity and a criminal impact? Well, it's also obvious to state that organized crime would absolutely be interested in any gambling enterprise or industry, because it's something they have lived with. It's been intimately a part of their operations since their history. [TAMA WAGNER]: In addition, Ouseley says casinos

usually bring increased prostitution and street crime. But he also says with diligent efforts, crime can be controlled. Second to the fear of increased crime, the perception among many legislators is that Kansas voters did not know they opened the door for casinos by approving the lottery in 1986. Minority leader Bob Miller introduced a constitutional amendment that will allow voters to revisit that earlier decision on gaming in Kansas. Miller insists the move is not an attempt to ban casinos, but only to clarify. The Democratic members of the Federal and State Affairs Committee, like Representative Joan Hamilton, blasted Miller and questioned his motives and his understanding of what Kansans really want. [JOAN HAMILTON]: Was it your understanding in 1986 when we passed the lottery that people thought the majority of that money or a great deal of it would go to education? [BOB MILLER]: You're an attorney, so you probably read the statute books, but there's- [JOAN HAMILTON]: No, no. I'm asking what the people's perception was, Representative Miller. [BOB MILLER]: The people's perception was that if they voted for the lottery, they would have a chance of a free lunch. They would have a chance for that, you know, that piece of the American Dream, that without putting much effort in,

they could be a millionaire. [TAMA WAGNER]: But a pending appeal on a Wisconsin case in the Seventh Circuit could lay the argument to rest. It centers on an issue close to Kansas. That is if the state permits itself to operate such gaming, it cannot ban the Indians from doing the same. Some Democratic committee members believe Miller's motives are partisan, an attempt to put Joan Finney in her place. The attorney general has determined Finney did not have the authority to ratify the compact without legislative approval. He's asked the supreme court to intervene. But committee chair Representative Kathleen Sebelius reminded Miller and committee members that the clock is ticking. The state only has 180 days to negotiate a compact in good faith. The deadline for the first compact with the Kickapoo tribe expires this month. Three other tribes have also expressed an interest. George Wahquahboshkuk with the Potawatomi tribe thinks the state, because of all the infighting, has already blown the good-faith part of the compact. [GEORGE WAHQUAHBOSHKUK]: And at this point in time for them to make any efforts

to redefine the lottery or change the constitution will probably, in my eyes, be to no avail because the federal court should look at it as bad faith negotiations. [TAMA WAGNER]: Wahquahboshkuk believes it may be in his tribe's best interest to let the deadline expire and have the matter decided in federal court. Meanwhile, the federal government is reviewing the Indian Gaming Act, which allows tribes to operate casinos. The act has been criticized as being too vague. If the federal government tightens the act, Kansas could have a different role in negotiations. But meanwhile, the bill banning casinos has enough support for passage in the senate, but the effort faces an uncertain future in the house. For Kansas Public Radio, I'm Tama Wagner at the statehouse. ***** [TAMA WAGNER]: In 1960, 1 out of 5 Black children were born to unwed mothers. By 1990, that number had increased dramatically. Now more than 60 percent of all Black children are born into single parent families. Representative Kerry Patrick blames the welfare system. He says it

discourages poor women, whether Black, white, or Hispanic, from marrying. Patrick also believes the current system has created entire generations dependent on welfare. [KERRY PATRICK]: We have a welfare system that is out of control. A welfare system that is actively harming the poor. We have now many third and fourth and fifth generation welfare mothers. So something obviously is wrong with the system. [TAMA WAGNER]: But critics question Patrick's interest in the lives of welfare parents. Last session, the Leawood Republican gained national attention with the birth control bill. Patrick wanted the state to pay welfare mothers who have the Norplant birth control device implanted. But Patrick insists his only motives are to save the state money and repair the lives of poor Kansans. Patrick and 13 co-sponsors have introduced a bill patterned after the New Jersey legislation. First of all, it encourages marriage. In fact, a welfare mother can be penalized and lose benefits if she decides not to marry the father of her child. Patrick says secondly the bill provides an incentive for welfare

mothers to limit their number of children. [KERRY PATRICK]: If we want to send an economic signal that if you're a woman on welfare and you've already had two children, we're not going to give you extra benefits if you have a third child. I mean, the welfare woman is going to have to take some personal responsibility. There's going to have to be some accountability for her actions in her own life. [TAMA WAGNER]: But critics have gone as far as to label the bill ridiculous, noting very few women would become pregnant for an additional $64 a month in welfare. Paul Johnson with the Public Assistance Coalition says Patrick is incorrect in blaming burgeoning welfare costs on mothers and children. Johnson says during the last 10 years, the average size of a welfare family in Kansas has actually decreased from 3.7 to 2.7 persons. Johnson further believes such an effort would force the state's costs to care for poor families to increase in more education, and healthcare, and even correction costs. [PAUL JOHNSON]: The way I look at it is if you go at it as a punishment mechanism, then it probably will backfire. And I think what we've learned with KanWork and other employment

programs in Kansas, is that the majority of these women are desperate to get off these programs. That it's not a fulfilling existence to be getting sub-minimum payments and taking the grief from the state every month- [TAMA WAGNER]: Johnson believes instead of punishing welfare mothers, the state should concentrate on prevention programs and other reform efforts to get people off welfare rolls through job training and education. Representative Patrick says most everyone agrees the state needs a welfare system. But he says the current system is hurting the poor. Senate Ways and Means chairman Gus Bogina says it's also expensive, and he believes the current system has out-priced itself in Kansas. [GUS BOGINA]: It must change, because we the taxpayers can't afford it. [TAMA WAGNER]: Patrick does not have an actual estimate on just how much Kansas could save with his plan, but does note New Jersey will reduce welfare costs by hundreds of millions of dollars during the next decade. Critics say because most of the welfare budget is eaten by medical care costs, the Patrick plan will not reduce costs, but will instead place

more of a burden on other areas of state government. Very few legislators give the Patrick measure good odds at passage, but supporters argue it would be wise for lawmakers to poll constituents to see how the average Kansan feels about the current welfare system. For Kansas Public Radio, I'm Tama Wagner at the statehouse. ***** [TAMA WAGNER]: It's not unusual for an incumbent legislator who supports abortion rights to be challenged by a rival party anti-abortion candidate during an election. In fact, it's expected. But there is an unspoken agreement that it's politically impolite and even divisive to challenge an incumbent in your own party. But the predominantly Republican anti-abortion organization Kansans for Life is actively recruiting candidates to run for legislative seats now occupied by Republican incumbents. Kansans for Life president Tim Golba. [TIM GOLBA]: I mean, why don't they hop on board with the national Republican Party platform? If they're Republicans, let's support the national Republican Party platform. If they're mad, that's their problem. [TAMA WAGNER]: Golba says says their efforts go

far beyond recruiting and into the general public to stir up political waters and encourage anti-abortion Kansans to become active. Golba believes the momentum is on the anti-abortion side. But many longtime Republicans call the effort divisive and believe it has caused considerable hard feelings among party members. Belva Ott with the newly created Republicans for Choice organization says that Kansans for Life's attitude is not in line with the GOP philosophy. [BELVA OTT]: If they were true Republicans, we'd be working to keep government out of our lives instead of trying to find a way to insert government into our bedroom and private, reproductive decisions. [TAMA WAGNER]: Ott says her organization was created in part out of fear the party would lose longtime abortion rights Republicans. Ott believes the division on the abortion issue is becoming more apparent in the party, but notes her organization will not attempt to oust an incumbent. Representative Elizabeth Baker, a Wichita Republican, has become a favorite target for anti-abortion challengers. Essentially, Baker

says, she'd like to see her foes go back home. She says most of the anti-abortion activists were wooed into the GOP when Ronald Reagan became a presidential candidate. [ELIZABETH BAKER]: He was looking for a way to come up with the votes to win the presidency, and he saw a large chunk out there of votes on this issue that he could bring over. They were blue collar Democrats, mostly Southerners, they are fundamentalists, and they stretch across the United States. [TAMA WAGNER]: Baker contends the anti-abortion activists need a party of their own. She says the Republican party has a broader issue to consider. The glue that could bind the two sides together may be the party hierarchy. Kansas GOP Executive Director Steve Brown says with so much at stake for Republicans this election year, both sides need to concentrate on the issues they can agree upon. [STEVE BROWN]: You know, I think if we, if Republicans do focus on the issues that we agree upon rather than the five or ten percent of issues we disagree upon, that we'll have a lot better chance of being in the majority

in the statehouse next year and in retaining the majority of the state senate next year. [TAMA WAGNER]: The elections are also important to activists on both sides because of the uncertain direction the United States Supreme Court may take on the abortion issue. The high court could repeal at least a portion of the Roe v. Wade decision, which legalized abortion. If that does occur, the state legislature would be called upon to determine abortion laws in Kansas. For Kansas Public Radio, I'm Tama Wagner at the statehouse. ***** [TAMA WAGNER]: The chairman of the Democratic party in Sedgwick county is irate. Lee Kinch believes Joan Finney has dealt yet another blow to Kansas Democrats by appointing a former Republican, John Hennessy, as acting secretary of the Administration. Furthermore, Kinch doubts Hennessy possesses the necessary experience to run the office. [LEE KINCH]: I simply cannot believe that there aren't a number of competent, highly qualified Democrats who know a lot more about government, and who have more experience in administering government than this gentleman does. And so it's quite astonishing that he would be appointed to this position.

[TAMA WAGNER]: Kinch describes the appointment as appalling, and says Hennessy will fit in nicely with the Republican extremists in the house. Kinch says it's an understatement to say Democratic relations have been damaged by the governor's decision. But Hennessy is not only unpopular with some Democrats. Mainstream Republicans like Representative Elizabeth Baker also expressed disbelief at the appointment. Baker, a Derby Republican, says Hennessy's reputation is less than honorable. [ELIZABETH BAKER]: He's been involved in various business dealings in Wichita. He was promoting a farm and art market to the tune of around $4 million, and didn't seem to come up with any way to service the debt on it. There were some business deals of that nature that leave a number of questions in people's minds. [TAMA WAGNER]: As acting secretary, Hennessy will oversee the Budget and Personnel Divisions, plus manage millions of dollars in government funds. Essentially, he will become the governor's right hand man, and will be

expected to run interference with the legislature. For that reason, house majority leader Tom Sawyer believes the governor should appoint whomever she feels most comfortable with. [TOM SAWYER]: Although I've asked for this return for the Republicans, he did endorse Joan Finney and resigned from that position. So, I mean he's obviously a loyalist to her, and in a position like that you need someone that's loyal to her. [TAMA WAGNER]: And Hennessy is loyal to the governor, crossing party lines to support Joan Finney during the last election. They also share a common bond. Both are ardently anti-abortion. In addition, Finney likes the fact that Hennessy is a legislative outsider. In a prepared statement, Joan Finney says, "As a newcomer to state government, Hennessy will bring creativity and energy to the office. Acting Secretary Hennessy believes he can run the office more like an efficient business." [JOHN HENNESSY]: I'm bringing a new type of management to the administration that is a business perspective and one point of following the policy of the governor. [TAMA WAGNER]: While the appointment is the governor's decision, and many legislators

say it doesn't really matter who's in the office, others, namely Democratic party leaders, say Finney's unabashed attitude has further deteriorated the relationship between the legislative and executive branches in state government. Hennessy replaces James Cobler as acting secretary. Cobler last week asked his name be withdrawn from the confirmation process. Cobler's tenure as secretary was riddled with controversy, because he purchased a multimillion dollar computer system, ignoring a legislative moratorium on such expenses. His confirmation was in doubt. For Kansas Public Radio, I'm Tama Wagner at the statehouse. ***** [KERRY PATRICK]: ...states now have laws that allow child abuse charges to be pressed against any woman who gives birth to a child with illegal drugs in his or her bloodstream. In several East Coast cities that I've read about in newspapers, local prosecutors have charged such mothers with a felony -- delivering illegal drugs to a minor through the umbilical cord. [FRANK MORRIS]: Representative Kerry Patrick

says his bill goes one step further. He proposes barring women who have been convicted of possessing narcotics from having kids by either keeping them in jail or implanting them with Norplant long term birth control as a condition of probation. He says his measure gets to the source of the crack baby problem. [KERRY PATRICK]: So much of the children's initiatives that we're dealing with this session are dealing with children with various health-related problems, nutritional problems. We're dealing with the problem after the fact. What this bill attempts to do is to take a proactive approach to reduce babies from being born, being brought into society that have a host of health-related problems. [FRANK MORRIS]: Babies exposed to cocaine in the womb are often born prematurely; sometimes with poorly formed lungs and intestines; usually with nerve and brain damage. Professor of Medical Ethics at KU Med Center, William Bartholome, recommends positive steps be taken to help drug addicted women. He says Patrick's plan would only humiliate these women. [WILLIAM BARTHOLOME]: It's similar to policies that involve

punishing thieves by cutting off their hands, or punishing people who engage in pornography by blinding them -- a primitive, inappropriate response that essentially could only be understood as the exercise of absolute power over the life and being of another person. [FRANK MORRIS]: Other lawmakers say they share Patrick's sense of urgency over the drug-exposed baby problem. Senator Wint Winter says lack of policy on the issue is costing Kansas millions of dollars. [WINT WINTER]: We had a couple- just from last year we saw more than 200 crack babies in the state, where five years ago we had just a couple. These infants cost, some say on the average over $200,000 the first two months of their lives. [FRANK MORRIS]: Experts say these children are typically quick to anger and easily distracted. They will probably

require some type of special education, which is about four times as expensive as normal schooling. Winter has proposed legislation that seeks to give pregnant women a chance at drug counseling. His voluntary approach relies on doctors telling women about the dangers of using drugs during pregnancy and recommending therapy for high risk women. His plan gives pregnant women first priority at state-run drug treatment centers. Professor Bartholome calls Winter's plan a right-minded but feeble approach to a fundamental problem. [WILLIAM BARTHOLOME]: Women getting into drug treatment is a difficult problem. Women who are pregnant getting into treatment programs is an even bigger problem. And women who are pregnant and don't have health insurance is virtually impossible. [FRANK MORRIS]: Bartholome says Kansas needs to build more drug treatment facilities specifically for uninsured pregnant women. Winter says he too would like the state to spend more money on healthcare. He has

co-sponsored a universal healthcare bill. He calls his current plan a politically viable alternative to doing nothing. [WINT WINTER]: Even though it's incremental, even though it isn't the aggressive, major reform that we need, that this problem is not one to sit back and do nothing about waiting for the savior to come along and save all of us. We ought to take this step, small and incremental as it is, to attack the problem. [FRANK MORRIS]: Winter says he will introduce his bill next week. The Patrick bill has been effectively killed in committee, but Patrick is expected to revive his Norplant measure in the form of amendments to another bill on the house floor. From the statehouse, I'm Frank Morris.