Kansas Legislative Session Update for February 2023

We have seen more controversial bills being introduced as we get further into session with quite a few coming through the committees where I serve.

Convention of States

HCR5005 and HCR5008 regarding the “Convention of States” are this year’s first attempts at Article V convention, which is a very sticky subject no matter how you look at it. While most people support term limits for US Legislators, calling a convention of states would ultimately put unmitigated control into the hands of a group of people considered to be a “sovereign body” or “above the law. While they could be given exclusive instructions to use the convention to impose term limits, once a convention is called there will be no governing body preventing the convention from enacting or amending any other laws they might decide to address.

The convention would not be beholden to any prior limitations, or to anyone else. We the people would have no control over who is elected to the convention, or what matters they take up. I hope you can see why this is very dangerous, considering how may freedoms and liberties have been under attack in recent years, women’s bodily autonomy being one of them. I will remain opposed to the Article V Convention of States for these reasons, and would encourage anyone interested in the matter to research more into the matter, including the history of Article V and its original intended purpose.

This week in Topeka, the House Democrats introduced legislation addressing a slew of critical issues including health care affordability and access; property tax cuts for homeowners and families which includes a constitutional amendment; legalizing adult-use recreational cannabis and providing for ‘cannabis amnesty;’ penalizing irresponsible pipeline operators, and more.

Public education committees continue to boil over with controversial legislation on vouchers and so-called school choice. The Lesser Prairie Chicken -- the GOP’s favorite distraction -- is back in the spotlight.

Let’s Be Blunt: Yes We Kannabis!

Two pieces of cannabis-related legislation were introduced this week in the House: HB 2363 and HB 2367.

Nearly three dozen House Democrats put forward HB 2363 -- “cannabis amnesty.” Anyone serving probation, parole, prison or jail sentences, along with other cannabis-related sentencing, would be immediately released. The bill also effectively ends any future prosecution and incarceration for nonviolent crimes related to cannabis use or possession. I was proud to co-sponsor this legislation because it just makes sense, cannabis prohibition has disproportionately affected minority communities since its inception. This bill would be one step on a long journey to correcting what’s been broken by outdated prohibition laws about a plant.

HB 2367 creates the adult-use cannabis regulation act. This bill regulates the cultivation, manufacturing, possession, and sale of recreational cannabis in Kansas. I sponsored this bill for a few reasons, the first being a promise I made so many times on the campaign trail to work diligently to decriminalize cannabis in Kansas. I also believe cannabis is the solution for our budget, looking at Missouri’s first week’s recreational sales of over $12 Million, the proof is clear that cannabis can make money for Kansans. There’s also the topics of mental health, pain management, PTSD treatments, and so many more ways that cannabis can help Kansas.

High on the idea of legalized cannabis, Kansans across the state have repeatedly pointed to the economic, health, tourist, and recreational benefits of legalizing recreational and medical access to marijuana. The Kansas House passed the policy in 2021 but after crossing over to the Senate, the bill went up in smoke.

●     “Kansas lawmakers must decide who will thrive with medical marijuana — if bill even advances,” Topeka Capital-Journal, 2/6/2023

Pipeline Problems

This week a group of House Democrats put forward HB 2327, a bill to immediately end property tax exemptions if an oil or natural gas pipeline has a spill or leak. Inspired by the disastrous Keystone pipeline leak that made national headlines in December, state representatives are demanding accountability.

Rep. Rui Xu (Westwood), a lead cosponsor of HB 2327, said “If you want state dollars to do a project, then you have to prove to be good stewards of our state’s land. A spill like the Keystone spill obviously does not satisfy that.”

●     “After Keystone oil spill, Kansas Democrats want to cancel tax exemptions when pipelines leak,” KCUR, 2/10/2023

●     “Keystone pipeline owner blames Kansas spill on faulty weld, estimates $480M remediation cost,” Kansas Reflector, 2/9/2023

●     “Pipeline operator discloses cause of Kansas Keystone oil spill. EPA chief pledges oversight,” Topeka Capital-Journal, 2/9/2023

●     “Kansas faith leaders, environmentalists call for transparency around Keystone pipeline spill,” Kansas Reflector, 2/7/2023

GOP Chickens Vote on the Lesser Prairie Chicken

The Lesser Prairie Chicken, a fixture of #ksleg politics, is back in the spotlight after federal involvement.

On Thursday, House Republicans voted to condemn the United States Fish and Wildlife Service for designating the Lesser Prairie Chicken as a threatened species in Kansas. The species is a Kansas treasure. Without federal protections, the chicken is at risk of further endangerment.

●     “Resolution condemning lesser prairie chicken protection clears Kansas House,” Kansas Reflector, 2/8/2023

●     “Leaders reintroduce legislation to keep lesser prairie chicken off threatened list,” WIBW, 2/8/2023

Diabetes Shock: Putting a Cap on Insulin & Diabetes Devices

Rep. Heather Meyer (Overland Park) has navigated the American health care system’s complicated maze since she was a child. Rep. Meyer was diagnosed with type 1 diabetes at 12 years old and grew up with a single father who also had diabetes. Informed by firsthand experiences, stories from constituents, friends, and families across the state, she introduced HB 2347 this week to help curtail the financial impact of caring for diabetes.

HB 2347 caps the cost of insulin and insulin products for Kansans at $35 per month. The cap would apply to people with or without insurance, with the only exception for those on Medicaid or Medicare because federal insurance already has protective provisions in place for diabetes patients.

“We struggled constantly,” Meyer told the Kansas Reflector in an interview about the bill this week. “And it was between rationing insulin and paying bills. And which are we going to do? We know we need to stay alive and we want to live. So we’re going to do our best with what we have to stay alive. But that meant our blood sugars were always running on the high side, or they would tank out because we were overcorrecting for a hike.”

According to the American Diabetes Association:

●     Approximately 255,215 people in Kansas, or 11.4% of the adult population, have diagnosed diabetes. Every year an additional estimated 17,314 people in Kansas are diagnosed with diabetes.

●     An additional 66,000 people in Kansas have diabetes but don’t know it, greatly increasing their health risk.

●     Total direct medical expenses for diagnosed diabetes in Kansas were estimated at $1.7 billion in 2017.

Rep. Meyer wrote about her history with diabetes affordability in the Kansas City Star last year.

Education Hits a Boiling Point

HB 2218 is an expansion of anti-public education voucher programs. Like voucher programs in years past, HB 2218 funnels taxpayer money into unaccredited private and parochial schools without any oversight or restriction. 

*To be clear, I will not support a single piece of legislation that would divert public taxpayer money AWAY from public schools and into the hands of private schools.*

Public Money for Private Schools: What you need to know about HB 2218

●     The bill creates a board of 10 members with nine voting members and one non-voting member that would distribute taxpayer dollars for use in private and parochial schools.

●     The board -- which is designed to be unelected and nonpublic -- would direct the state treasurer to administer the program. These administrative costs alone are an annual $8.1 million per year -- 5% of the aid given to each student. At every step HB 2218 siphons money away from students, communities, and schools.

●     The Sunflower State Journal further broke down the financial impact, “The fiscal analysis indicates that for every 1% of the state’s 484,000 public school students participating in the program, or 4,840 students, about $24.6 million would be transferred out of the state budget to pay for private-school tuition.”

●     The bill would allow parents to obtain about $5,000 from public school funds or use in covering private school or homeschool costs. There are no guidelines mandating the funds go to traditionally accredited schools.

Due to the fiscal irresponsibility, academically questionable practices, and inequitable provisions in the bill, HB 2218 was opposed by numerous pro-public education advocacy groups including the Kansas National Association of Education, the Kansas Association of School Boards, public school officials, and several Kansas State Board of Education members during a Monday hearing of the House K-12 Education Budget Committee.

One opponent, whose child utilizes special education programs in public schools, was clear: “You will be pulling vital resources from the kids who need it.”

Another controversial bill, HB 2236, lays the groundwork for extensive classroom censorship under the guise of a “parental bill of rights.” Similar legislation was brought forward last year, where dozens of teachers, parents, students, school administrators, and more testified in opposition to the bill calling it legislative overreach. Ultimately, Governor Kelly vetoed the bill.

Read more about proposed education legislation:

●     “Kansas Legislature may expand program that pays two-year college tuition for hundreds,” Topeka Capital-Journal, 2/10/2023

●     “No more ‘gender unicorns’: Lawmakers debate new parents’ bill of rights legislation,” Kansas Reflector, 2/9/2023

●     “House education panel advances Kansas school voucher program,” Kansas Reflector, 2/8/2023

●     “From this educator, a modest proposal for privatized Kansas schools,” Kansas Reflector, Opinion: Liz Meitl, 2/8/2023

●     “Kansas lawmakers unveil bill to incentivize private education with public funds,” Kansas Reflector, 2/7/2023

●     “Hearing on new school choice bill gets feisty,” Sunflower State Journal, 2/6/2023

●     “Are Kansas schools doing enough to address bullying? Legislators say no.” Topeka Capital-Journal, 2/6/2023

●     “Tuition, sports and free speech: How Kansas lawmakers want to change higher education in 2023,” Kansas City Beacon, 2/3/2023

Keeping Homeowners in Their Homes: Property Tax Relief Proposals

Kansas homeowners have been clear: They need property tax relief. House Democratic Leader Vic Miller, Rep. Mike Amyx (Lawrence), and dozens of other Democrats introduced a three-pronged proposal that takes aim at the unfair and burdensome residential property taxes shouldered by homeowners. The plan is expected to save Kansans nearly $700 million annually.

Offer an amendment to the Kansas Constitution to reduce the assessment level of Residential Property from 11.5% to 9%.

When the property tax classification amendment to the Kansas Constitution (Article 11, Section 1) was amended in 1992, residential assessed valuation represented 35% of the tax base statewide. In the last 30 years that percentage of the tax base has grown to an astonishing 54%. The time has arrived for some relief to be extended to homeowners. We propose the voters of Kansas be offered an amendment to the Kansas Constitution lowering the assessment rate for residential property from 11.5% to 9%.

Even with this reduction, residential property will still contribute an estimated 48% of the total property taxes in the state.

Replenish and enhance the Local Ad Valorem Tax Reduction Fund (LAVTRF).

The LAVTRF was established so that the State of Kansas would provide direct funding to local units of government for the express purpose of providing property tax relief to property owners. However, for the last twenty years the State has consistently failed to do so. We propose that the LAVTRF be replenished with the annual $54,000,000 required by law (K.S.A. 79-2959) and, for the next four years, enhanced by an equal annual amount of $54,000,000.

Amend K.S.A. 79-201x raising the residential property exemption from the statewide school mill levy to $65,000.

In the last legislative session we raised the residential property exemption for the 20 mill USD general fund levy from $20,000 to $40,000. This resulted in an estimated average property tax reduction of $46 per home.

We propose raising this exemption again—this time from $40,000 to $65,000.

With this change, Property Valuation (PVD) indicates that receipts to the State School District Finance Fund would be expected to decrease by about $55 million, an amount that would be made up through additional appropriations to ensure schools stay fully funded.

The plan was initially rolled out in Fall 2022 by Reps. Miller and Amyx. You can read coverage from the original release here:

●     “Kansas Democrats float proposal to lower property taxes by reviving dormant fund,” Kansas Reflector, 9/26/2022

●     “Kansas Democrats announce property tax cut plan,” KSNT, 9/26/2022

●     “Property tax relief reduction plan introduced to loosen Kansans’ budgets,” WIBW, 9/26/2022

Juneteenth

Juneteenth, celebrated on June 19th, commemorates the emancipation of enslaved people in the United States. Rep. KC Ohaebosim (Wichita) sponsored a bill to create Juneteenth National Independence Day.

Indigenous Peoples Day

Reps. Christina Haswood (Lawrence) and Boog Highberger (Lawrence), introduced a bill to designate the second Monday in October as Indigenous Peoples Day. The bill also includes a recognition that Kansas is founded and built on lands first inhabited by the Indigenous Peoples of the region. Several other states including Alaska, Hawaii, Maine, New Mexico, Oregon, South Dakota, and Vermont have replaced Columbus day with Indigenous Peoples Day.

Across the Rotunda

Senate Republicans are doubling down on their attempts to make Kansas a monolithic relic of the past. Senate Federal and State Affairs will spend the coming week hearing six bills that change or restrict voting to various degrees, including limiting advance voting timelines and the number of ballot drop boxes in a community.

Senate Public Health and Welfare has hearings on two bills targeting the transgender community in Kansas. The first would criminalize gender affirming care for Kansans under 21, and the second would codify biological essentialist language defining womanhood as being a vessel for fertilization. They’re also hearing legislation to make it impossible for the state and local communities to prevent the spread of infectious diseases, and for good measure, they’re undermining the overwhelming majority of Kansans who voted to protect current abortion access by considering a ban on telemedicine for medication abortion.

Senate Tax also has a hearing on a bill that would double the devastation our economy faced under the Brownback tax experiment, and Senate Utilities has two days of hearings to give Kris Kobach the authority to investigate companies that he suspects are “conspiring” against the fossil fuel industry.”

Politics & Podcasts

●     “Sedgwick County judge offers Kansas legislators package of bills to stem domestic violence,” Kansas Reflector, 2/6/2023

●     “Chillin' in the Statehouse, Episode 63: Microchips and dip,” Topeka Capital-Journal, 2/6/2023

In Case You Missed It

●     “Kansas Republican Party to hold contentious leadership vote after governor’s race loss,” Kansas City Star, 2/20/2023

●     “Kansas farmers feed the world, but that might change if lawmakers don't act soon,” Topeka Capital-Journal, Opinion: Michael A. Smith, 2/10/2023

●     “Kansas physician, legislator working to light fire under peers to raise tobacco age limit to 21,” Kansas Reflector, 2/9/2023

●     “Former federal prosecutor Tony Mattivi, approved to lead Kansas Bureau of Investigation,” Topeka Capital-Journal, 2/9/2023

●     “Keystone Pipeline operator identifies what caused the record-setting Kansas oil spill,” Kansas City Star, 2/9/2023

●     “Lights, cameras ... Kansas? State may revive tax credit, despite effectiveness concern.” Topeka Capital-Journal, 2/9/2023

●     “Kansas gun-rights advocates renew call for firearm safety programs in all K-12 public schools,” Kansas Reflector, 2/9/2023

●     “House bill calls for western Kansas to create plans to save the Ogallala Aquifer,” Kansas Reflector, 2/9/2023

●     “House Republicans explore new way to punish low-income, aging Kansans seeking food,” Kansas Reflector, 2/8/2023

●     “Embattled Kansas Highway Patrol Superintendent Herman Jones to retire July 1,” Topeka Capital-Journal, 2/8/2023

●     “Kansas House passes legislation to clarify language in juvenile justice system,” Kansas Reflector, 2/8/2023

●     “Kansas faith leaders to converge on Statehouse, demand Medicaid expansion,” WIBW, 2/8/2023

●     “No fooling — House committee shopping April 1 demise of state sales tax on groceries,” Kansas Reflector, 2/8/2023

●     “There’s a referee shortage in Kansas. Can criminalizing sports official abuse fix it?” Topeka Capital-Journal, 2/7/2023

●     “Kansas House committee fixes typo ‘error of all time’ before tabling homeland security bill,” Kansas Reflector, 2/7/2023

●     “Catholic Church and Kansas legislators should honor religious freedom for all on abortion,” Kansas Reflector, 2/7/2023

●     “Diversity training? Kansas lawmakers say no in budget proviso for social worker licensing,” Topeka Capital-Journal, 2/7/2023

●     “Capitol Update: Rep. Dan Osman says it’s time for a change on marijuana in Kansas,” Shawnee Mission Post, 2/6/2023

●     “As Kansas politicians pander to plutocrats, bills unraveling our shared freedoms can’t be dismissed,” Kansas Reflector, Opinion: Clay Wirestone, 2/6/2023

●     “AG Kris Kobach says Walgreens abortion pill effort violates Kansas law, despite court stay,” Topeka Capital-Journal, 2/7/2023

●     “Proposed KPERS bond buyback program could save Kansas millions in interest,” Kansas Reflector, 2/6/2023

●     “Capitol Update: Rep. Stephanie Clayton sponsors tax cut bills,” Shawnee Mission Post, 2/6/2023

●     “As conservatives push to combat 'woke' investing by KPERS, Kansas joins national trend,” Topeka Capital-Journal, 2/5/2023

●     “In leaving Topeka, Hill's Pet Nutrition gets $3M from taxpayers to keep headquarters in Kansas,” Topeka Capital-Journal, 2/5/2023

●     “Kansas Supreme Court examines clash over expanding hog facilities, shielding water supply,” Kansas Reflector, 2/4/2023

●     “Inside the lonely and surprisingly earnest world of political TikTok,” Vox, 2/3/2023

●     “Bills would make it easier for JoCo cities to get rid of racist housing covenants,” Shawnee Mission Post, 2/2/2023

Bills to Watch

●     HB 2304: Standardizing firearms safety programs in school districts.

●     HB 2357: Requiring that appointees to the supreme court be determined to be qualified by the senate.

●     HB 2355: Removing sodomy between consenting members of the same sex from the crime of criminal sodomy.

●     HB 2368: Enacting the making work pay act to increase the Kansas minimum wage.

●     HB 2370: Defining consent in the Kansas criminal code for sexual offenses.

Views From the House Floor

●     HB 2070: Allowing certain nondrug offenders to participate in a certified drug abuse treatment program. Final Action, Passed 123-0.

●     HB 2069: Providing that the service of postrelease supervision period shall not toll except as otherwise provided by law. Final Action, Passed 123-0.

●     HB 2042: Authorizing towing by self-storage unit operators of motor vehicles, watercraft or trailers for nonpayment of rent or abandonment and providing for notice to occupants, a right of redemption prior to towing and liability protection for operators. Final Action, Passed 123-0.

●     HB 2033: Changing the criteria used to refer and admit juveniles to a juvenile crisis intervention center. Final Action, Passed 123-0.

●     HB 2010: Updating a statutory cross reference to provide proper jury instruction in cases when a defendant lacks the required mental state to commit a crime. Final Action, Passed 118-0.

●     HB 2065: Allowing a court to change a spouse's name to a name that is different than a maiden or former name during a divorce proceeding. Final Action, Passed 118-0.

●     HB 2014: Designating a portion of United States highway 69 in Crawford county as the Robert Lessen memorial highway. Final Action, Passed 118-0.