GUEST COLUMN, Shannon Francis, 125th District Representative
This week in Topeka I met with Sandy Koehn with Southwest Medical Center who was in Topeka for the Kansas Hospital Association’s Advocacy Day. We talked about the need for a Health Stabilization Plan for nurse practitioners, a 340B billing issue at SWMC clinics, and state funding for stabilization and transportation of individuals suffering from serious critical mental health issues in our emergency rooms. It’s always great to visit with Sandy. She has a true servant’s heart.
C.J. and Linda Wettstein, representing Seward County Farm Bureau, were at the Capitol this week as well. We talked about issues in our agricultural sector, the county, and our nation.
The flu is running rampant throughout the Capitol right now. I’ve been struggling with some kind of bug all week. So, I really wanted to get home and beg my wife, Carol, to take care of me but then this winter storm came through and so I’m stuck in Topeka for the weekend. Home is where the heart is and Carol is my heart.
Convention of States
This week the House passed Senate Concurrent Resolution 1604, in which Kansas makes application to the United States Congress to call for an Article V convention of states to propose amendments to the U.S. Constitution.
SCR1604 specifically calls for three subjects:
• To “impose fiscal restraints on the federal government,” which is often referred to as the balanced budget amendment.
• “Limit the power and jurisdiction of the federal government.”
• Limitation of the terms of office for federal officials and Congress, commonly referred to as the term limits amendment.
When people hear the phrase “constitutional convention” or “convention of states,” it can sound abstract or even alarming. I understand that reaction, which is why I believe it’s important to talk about the process.
The U.S. Constitution can be amended two ways. The first is the one most people are familiar with: Congress proposes an amendment, and the states decide whether to ratify it. The second method, found in Article V of the Constitution, allows the states themselves to propose amendments by calling a convention. This option was included by the Founders as a way for the states to amend the Constitution outside of the federal government. James Madison explained in Federalist No. 43 that Article V allows the states to “originate the amendment of errors” when necessary. Alexander Hamilton echoed this in Federalist No. 85, noting that the states retain the constitutional authority to act as a check when the federal government exceeds its bounds. The Founders expected this tool to exist as a safeguard.
Importantly, a convention of states does not change the Constitution by itself. It can only propose amendments, and any proposal would still have to be ratified by 38 states before becoming law. That high threshold exists to ensure stability and prevent rash changes.
A convention of states will give voice to thousands of Kansans that are concerned about our deficit, Federal overreach, and term limits and that is why I am supportive of this resolution.
Southern Pioneer Bill
The Senate Utilities Committee heard SB 348 this week. This bill, brought by Southern Pioneer and Pioneer Electric Cooperative would treat Southern Pioneer like the other 28 electric cooperatives across the state by opting out of Kansas Corporation Commission regulations and allowing the membership to self-govern while retaining KCC protections in the case of unjust, unreasonable, or unduly preferential rates.
Southern Pioneer is a wholly owned, not-for-profit, subsidiary of Pioneer Electric Cooperative, and is literally a one of one electric supplier in Kansas. Years ago the legislature recognized that cooperatives are formed and governed by their members. As such they were allowed to opt out of KCC regulations. Because Southern Pioneer has a unique status it was still subject to regulations. Those regulations have added $2.2 million in expenses for Southern Pioneer customers since 2019.
This year, cooperative leadership brought legislation to treat Southern Pioneer like its parent and the other 28 electric cooperatives across the state. Just like those other cooperatives, Southern Pioneer utility would be prohibited from issuing any form of payment that is meant to transfer the equity of Southern Pioneer Electric unless otherwise approved by the commission. The commission would also retain authority over Southern Pioneer regarding service territory, certificates of public convenience, local transmission charges, sales of power for resale except for sales between Southern Pioneer and the generation and transmission cooperative that is partly owned by the utility’s parent electric cooperative, wire stringing and transmission line siting.
Also, the Board of Directors of Southern Pioneer Electric has committed to always having six Southern Pioneer Electric customers on the Board.
Tom Walters, Chairman of the Consumer Advisory Council for Southern Pioneer Electric Company testified in support of the bill saying, “Currently, Southern Pioneer is the only non-investor-owned utility that is fully regulated by the Kansas Corporation Commission (KCC). This regulatory structure brings significant costs and delays that ultimately impact our customers.” National Beef also testified in support of the bill.
The bill passed out of committee unanimously and will now go to the Senate floor before going to the House Utility Committee for another hearing.
