Kansas Legislative Session Update for February 2023

Last week, House Democrats responded to an unfair flat tax proposal, changes to elections, school voucher plans, and more. Governor Laura Kelly and the State Finance Council announced a follow-up megaproject to Panasonic. The caucus heard from the Working Kansans Alliance. Members of the caucus are attempting to repeal discriminatory child welfare and LGBTQ policy.

In Education committee we heard testimony from constituents about HB2143 regarding bullying and HB2139 involving abuse of sports officials. We are expecting hearings in week 5 about due process for teachers, expanding the eligible fields for the Promise Act, and credential incentives for career technical education participants.

In Fed/State we heard testimony in favor of the regulation of Kratom, and possible changes to the laws involving areas designated to open-consumption of alcohol. On Wednesday of this week we will have a hearing on HCR5005 involving the Article V convention of states to apply term limits to US Congress members. I will update with more information this weekend about the results of that hearing, which is a controversial topic.

Back to Brownback Flat Tax: Flat Out Unfair

Immediately after releasing HB 2061, the bill’s sponsors -- conservative Kansas Chamber of Commerce and GOP -- received a wave of backlash for the fiscal irresponsibility of the proposal. HB 2061, an aggressive, expensive “flat tax,” would cost Kansas more than $3 billion over the next three years.

House Democratic Leader Vic Miller released a statement saying, “This legislation will pull us right back into the Brownback dumpster fire, famous for making Kansas a late-night television punchline.

Under this bill, Kansans making $250,000 or more would get an average of $5,000 in tax cuts and Kansans making $25,000 or less would get an average of $143 back.”

Governor Laura Kelly, who has made headlines for rehabilitating the state’s coffers after Brownback nearly ran the state’s finances into the ground, said the proposal “would do more damage more quickly than the Brownback tax experiment of 2012 and 2013.”

Check out the media’s coverage and details of the plan:

●     “Flat tax would have catastrophic consequences for Kansans. We’ve already seen it happen.” Opinion: Chris Courtwright & Frmr. Sen. Anthony Hensley, Kansas Reflector, 2/1/2023

●     “Push underway to implement flat tax in Kansas,” KWCH 12 News, 1/31/2023

●     “Gov. Kelly condemns flat tax proposal, touts plan to cut taxes on groceries and other supplies,” Kansas Reflector, 1/31/2023

●     “At $1.5 billion, Kansas Chamber's flat tax plan would be bigger tax cut than Brownback's,” Topeka Capital-Journal, 1/30/2023

●     “Analysis shows Kansas Chamber’s flat tax proposal costs $1.5B, favors top 20% of wage earners,” Kansas Reflector, 1/30/2023

●     “Flat tax proposal would cost more than $3 billion over three years,” Sunflower State Journal, 1/30/2023

Dropboxes & Disenfranchisement

The Elections committee has been jam packed with significant legislation this session, and this week was no different. Top Democrat on the committee, Rep. Brandon Woodard (Lenexa), led the charge against bills restricting mail-in voting, supporting run-off elections, and complicating drop boxes with other Democrats and allies on the committee, including Reps. Melissa Oropeza (KCK), Allison Hougland (Olathe), and Cindy Neighbor (Shawnee).

Rep. Neighbor wrote about the committee’s work in the Shawnee Mission Post.

Read more about the bills here:

●     “Kansas ballot drop boxes need to be more secure, lawmaker says, comparing issue to 9/11,” Kansas Reflector, 2/1/2023

●     “Supreme Court takes up election official law,” Sunflower State Journal, 2/1/2023

●     “Kansas lawmakers weigh restricting mail voting and drop boxes. Could bills pass this time?” Topeka Capital-Journal, 2/1/2023

●     “Bill eliminating three-day grace period for voting clears committee,” Sunflower State Journal, 1/31/2023

●     “Kansas Republicans want election rule changes that could give them an edge over Democrats,” KCUR, 1/27/2023

●     “Kansas Republicans split on push to change elections; runoff election bill likely to fail,” KSNT, 1/27/2023

So-Called School Choice: “Holy Tax Scams!”

It’s a tale as old as time. The Republicans in the House have launched another round of attacks on public education.

In the K-12 Education Budget committee this week, legislation was put forward which will effectively function as a tax scam. Under the guise of “school choice,” Chairwoman Kristey Williams (Augusta) supports a bill that strips public schools of their funding, one student at a time.

The legislation expands tax credits given to parents who choose private schools over public schools. Rep. Jarrod Ousley (Merriam) captured the House Democrats’ position on the issues perfectly when he called public schools “the fabric of our nation.” Taxpayer money belongs in public schools -- NOT private schools.

Rep. Mari-Lynn Poskin (Leawood) called out the nefariousness of the legislation when she said, “Holy tax scams!” in an explanation of unintended consequences that could (and likely would) follow the legislation, if signed into law.

Coverage of the committee can be found here:

●     “MAGA parents demand school choice and I can’t wait to say goodbye,” Opinion: Dion Lefler, Wichita Eagle, 2/2/2023

●     “School-choice debate heats up in Kansas,” Washington Post, 1/31/2023

●     “Kansas advocates debate school choice,” KSNT, 1/30/2023

Prevailing Wage

Rep. Pam Curtis (KCK) has championed prevailing wage since she was first elected to the legislature. This year, her hard work may bring a bill reinstating the policy across the finish line.

First and foremost, prevailing wage is a local control issue. In 1891, Kansas was the first state to pass a “prevailing wage” for its own projects. In 2013, the Kansas Legislature stripped local governments of their right to incorporate prevailing wage requirements into public projects. Advocates for prevailing wage claim reinstatement would restore local control and return discretion to communities.

Prevailing wage is a fiscally responsible policy. Workers earn a livable wage while building skills and talents that contribute to the improvement of the state’s infrastructure and other public facilities like schools. Military veterans, who face unique challenges when returning to civilian life, would particularly see a benefit.

Adoption Bill

Representatives Heather Meyer (Overland Park), Susan Ruiz (Shawnee), and Brandon Woodard (Lenexa) introduced a bill to repeal the so-called “Kansas Adoption Protection Act,” which allows religious adoption agencies to discriminate against the LGBTQ+ community. The bill, which is certainly not about protecting adoption, was passed in 2018 after a late-night vote. 

Labor in the House

This week House Democrats heard from the Working Kansans Alliance, “a coalition of union and non-union groups dedicated to protecting the rights of the hard working Kansas families that fuel our State’s economy at every turn.” The group collectively represents over 500,000 Kansans.

The caucus heard from SMART TD (Sheet Metal, Rail, and Transportation), KOSE (Kansas Association of State Employees), and the Tri-County AFL-CIO, one of nearly 500 state and local labor councils of the AFL-CIO.

The group laid out their legislative priorities:

●     Prevailing Wage

●     Economic Development

●     Tax Relief for Working Families

●     Support Public Education Funding

●     Medicaid Expansion

●     Public Employee Rights, Pay, & Benefits

●     Fair Share

●     Raising the minimum wage

●     Workers’ rights and the freedom to unionize

●     Workplace Safety

●     Payday Loan Reform

●     Worker’s Comp., the UI Nominating Committee & UI Benefits

●     Medical Marijuana Legalization

Across the Rotunda: The Senate Democrats

The good: Senator Pat Pettey has a hearing next week in Senate Education on her bill addressing the teacher shortage facing Kansas schools. Senate Bill 66 would enact the Interstate Mobility Compact to recognize equivalent teacher licenses across member states.

The bad: The Senate Committee on Federal and State Affairs is hearing this session’s iteration of the “Eddie the Eagle” bill on Wednesday, which would put the National Rifle Association’s curriculum in our classrooms. Governor Laura Kelly vetoed similar legislation in 2021. And the Senate Tax Committee has a hearing on Thursday on the Convention of States, which has the potential of allowing a group of unelected “delegates” to design a completely new form of government.

The questionable: Senate Tax also has hearings on two bills addressing taxes for retirees. The first, SB 52, would increase the income limit for the exemption of Social Security benefits from state income taxes. The second, SB 33, would exempt ALL Social Security benefits from state income taxes.

The CHIPS Act Expands to Kansas: Integra Technologies

On Thursday, the State Finance Council approved an economic incentive agreement for Integra Technologies. Integra plans to invest in a large-scale semiconductor manufacturing facility in Wichita. The plant is expected to create 5,000 high-paying jobs. In addition, Integra hopes to secure incentives through the federal CHIPS act, which aims to create a domestic supply chain of semiconductors.

“As the second-largest private investment in Kansas history, this project will be transformative for our state’s economy, providing over 5,000 high-paying jobs that will help more Kansans create better lives for themselves and their children,” Governor Laura Kelly said. “Integra’s investment is further proof that we have put Kansas on the map, establishing our state on the forefront of innovation and national security.”

Last year’s APEX incentive -- the largest private investment in Kansas history -- brought a $4 billion battery manufacturing plant to DeSoto, Kansas. The batteries, for electric vehicle creation, are in high-demand. The Panasonic plant promises 4,000 well-paying jobs and $2.5 billion in economic activity and is expected to be supported by the new semiconductor plant.

“The semiconductors we work on are in multiple space applications, such as the Mars Rover and Hubble Telescope; more than 100 Department of Defense programs of record; as well as commercial applications that power everyday life,” Integra Technologies President and CEO Brett Robinson said. “On behalf of our employee-owners, we are especially grateful for Governor Kelly, Lt. Governor Toland, and Kansas legislative leadership on the State Finance Council for supporting Integra with its premier economic development program, positioning us to transform domestic Outsourced Semiconductor Assembly and Test services while expanding in our home state.”

You can watch the State Finance Council meeting here.

●     “First, it was Panasonic and now Integra. Are tax-driven megaprojects good for Kansas?” Topeka Capital-Journal, 2/3/2023

●     “More than $300M in KS incentives for new semiconductor factory, 2,000 jobs in Wichita,” Wichita Eagle, 2/3/2023

●     “A $1.8 billion semiconductor plant is planned for Wichita through another Kansas megaproject deal,” KCUR, 2/2/2023

●     “Semiconductor manufacturer expanding with Kansas taxpayer incentives. Here's what we know.” The Hutchinson News, 2/2/2023

●     “Wichita company secures APEX incentives for $1.8B semiconductor plant,” Wichita Business Journal, 2/2/2023

Politics & Podcasts

●     “Chillin' in the Statehouse, Episode 62: What state is the state in?” Topeka Capital-Journal, 2/2/2023

In Case You Missed It

●     “Kansas to OK secret incentives deal for $1 billion-plus megaproject in Wichita, sources say,” Wichita Eagle, 2/2/2023

●     “Did Kansas criminalize voter registration drives? Supreme Court weighs election law case,” Topeka Capital-Journal, 2/2/2023

●     “Kansas Supreme Court justices point to ‘chilling’ impact of election law on voter registration,” KCUR, 2/2/2023

●     “Parents should think deeply about Parents' Bill of Rights,” Opinion: Dr. Nishani Frazier, Salina Post, 2/2/2023

●     “Physician asks Kansas lawmakers to ban racial diversity programs at medical schools, hospitals,” Kansas Reflector, 2/2/2023

●     “Kansas bill seeks to boost donations to anti-abortion crisis pregnancy centers,” Kansas City Star, 2/2/2023

●     “Attorney General Kobach to request $1 million budget increase to fill prosecutor vacancies,” Kansas Reflector, 2/2/2023

●     “Two months after the Keystone's biggest oil spill, residents of a Kansas county wonder what's next,” KCUR, 2/2/2023

●     “House Districts: A look at how Kelly, Schmidt performed,” Sunflower State Journal, 2/2/2023

●     “Anti-LGBTQ bills introduced in Kansas Legislature are political bullying tactic, activists say,” Kansas Reflector, 2/2/2023

●     “30 years ago, these Kansas farmers were told to use less water. Here's how they did it,” High Plains Public Radio, 2/1/2023

●     “Governor Kelly Announces January Total Tax Collections Exceed Estimate by $56.2 Million,” Governor Laura Kelly, 2/1/2023

●     “Bills say Shawnee Indian Mission site cannot become casino,” Shawnee Mission Post, 2/1/2023

●     “Kansas electric vehicle advocates stomping brake on bill imposing new state recharge tax,” Kansas Reflector, 2/1/2023

●     “Ethics commission’s subpoena power targeted,” Sunflower State Journal, 2/1/2023

●     “As Kansas oil cleanup nears end, key questions are still unanswered,” Topeka Capital-Journal, 1/31/2023

●     “Kansas might tighten criminal penalties for kids, after loosening them 6 years ago,” KCUR, 1/31/2023

●     “Kansas attorney general’s office eager to work with Legislature to dam robocall tidal wave,” Kansas Reflector, 1/31/2023

●     “Kansas bill would classify drag shows as obscenity and criminalize performances for kids,” Topeka Capital-Journal, 1/31/2023

●     “Tribe introduces Shawnee Indian Mission bill in Topeka,” Shawnee Mission Post, 1/30/2023

●     “Kansas restaurant industry still struggling for comeback, officials say,” Kansas Reflector, 1/30/2023

●     “Tired of the blinking lights on wind turbines? Kansas lawmakers have a plan for that.” Topeka Capital-Journal, 1/30/2023

●     “She killed her rapist after months of abuse. Advocates say Kansas governor should set her free.” Kansas Reflector, 1/30/2023

●     “Artists sought to help with Kansas suffrage memorial,” The Derby Informer, 1/28/2023

●     “Statehouse scraps: Kansas lawmakers shred transparency, good and bad bills, hated photo,” Opinion: Clay Wirestone, Kansas Reflector, 1/28/2023

●     “AG Kris Kobach outlines plan to combat fentanyl abuse,” KSNT, 1/26/2023

Bills to Watch

●     HB 2248: Requiring school districts to adopt policies to ensure parents may review educational materials and records pertinent to their child.

●     HB 2206: Amending the campaign finance act's definition of expressly advocating for a candidate by adding a reasonable person standard to the definition.

●     HB 2244: Providing a permanent exemption for postsecondary educational institutions from the public buildings requirements under the personal and family protection act.

●     HB 2238: Creating the fairness in women's sports act to require that female student athletic teams only include members who are biologically female.

●     HB 2240: Requiring the clerk of the district court to give notice of qualified residential treatment program placement.

●     HB 2236: Establishing parents' right to direct the education, upbringing and moral or religious training of their children including the right to object to harmful and inappropriate educational materials.

●     HB 2243: Enacting the protect vulnerable adults from financial exploitation act.

●     HB 2245: Creating the gun violence restraining order act to authorize the issuance of protective orders prohibiting the acquisition and possession of firearms by certain individuals.

●     HB 2246: Establishing requirements for the involuntary discharge or transfer of a resident in an adult residential care facility, the right to appeal such discharge or transfer and a process for such appeal.

●     HB 2247: Prohibiting banks from requiring a cosigner for an account of a child in the custody of the secretary.

Views from the House Floor

●     HB 2015: Authorizing the designee of an employing agency or entity to petition the court for an order requiring infectious disease testing. Passed on Final Action, 116-6.

●     HB 2016: Clarifying how property held under a transfer-on-death deed is distributed when one beneficiary predeceases the grantor. Passed on Final Action, 122-0.

●     HB 2017: Enacting the uniform family law arbitration act. Passed on Final Action, 122-0.

●     HB 2018: Permitting a will or a copy of a will filed within six months after the death of the testator to be admitted to probate at any time. Passed on Final Action, 120-2.