In the Topeka, Kansas, legislature there is something called “process.” This process is highly respected by all good legislators. Properly followed process assures that any legislation has multiple opportunities for public input and legislative actions.
The Kansas state owned casino bill that Governor Sebelius recently signed into law, is a glaring example of process denied.
First, I will try to simplify an understanding of the process so that a layman can follow not only how it works, but also how important it is to assure good government.
1. A bill is introduced. (There are many ways that this can happen, but that is a discussion for another day)
2. The bill is given a number and assigned to a committee.
3. With interest in the bill the committee chair schedules a public hearing. (Proponents and opponents may speak to the bill.)
4. If interest continues, the bill is worked and may be amended.
5. With sufficient support the bill is sent to the full House. (40 Senators or 125 House of Representatives)
6. If interest continues, the bill is heard again by the full House with opportunities to amend. (No public comment allowed.)
7. With support the bill is sent to the opposite House and assigned to a committee there where the same “process” is repeated.
8. If there were amendments to the bill, it is often sent to a conference committee of 3 House and 3 Senate members for possible further amendments and is sent back to both Houses to be voted on again.
9. With support it is then sent to the governor for signature.
In the case of the State owned casino gambling bill, nearly all of the above process was skipped. Most especially denied was any public input time.
SB 66 (the lottery extension bill) went through the normal process until it reached the floor of the opposite House. This would be steps 1 through 7 and then in the second House at step number 5 after a 12 hour debate it emerged with the State owned casinos amended into the lottery bill.
With this maneuver the State owned casinos bill was allowed no public input. In a calculated risk, opponents of the State owned casinos tried a maneuver to kill the bill before it got to conference committee. Allowing it to go to conference committee would still have denied public input.
Sometimes “process” is denied when there are non-controversial amendments or they may be controversial but short, simple and easy to understand amendments. In my fourteen years in the legislature the “process” was always respected, especially with long, complicated and/or controversial bills. This respect for process came from both parties and all shades in between.
Because process was denied, we now have a bill signed into law that is probably unconstitutional and will surely result in years of lawsuits, gives Kansas a paltry 22% share of the proceeds (over 50% is more common), and gives Kansas the distinction of being the first State in the Union to own casinos with the too likely possibility of criminal elements getting more involved in government.
Whatever your position on the gambling issue, this is no way to make laws.
Because of my knowledge of the process and the legislature, it is my considered belief that this fiasco was engineered by Governor Sebelius, her contributors in the gambling industry, and gambling-interest attorney and Senator John Vratil from Leawood. Do I have proof positive? No, but the stink is all around.