Kansas Legislative Session Update for March 2023

This week in Topeka, the legislature heard or took action on over 100 bills. House Democrats were busy with amendments and doing our duty as the minority party.

We kicked off the week with a Monday morning press conference to unveil the policy platform for 2023 and 2024, and from there, the caucus went to work throughout the building for a week of chaos. Members heard and worked bills on LGBTQ rights and discrimination; public education funding, including special education, so-called school choice, and vouchers; the decriminalization of test strips for Fentanyl, roofies, and ketamine; solutions to the Ogallala Aquifer’s rapid decline, and more.

Clay Wirestone with the Kansas Reflector wrote about the quick and hectic pace of this week’s legislative proceedings.

Forever the Free State: Defending Constitutional Rights & Freedoms

The House Democrats unveiled their policy platform for the 2023-2024 biennium in a Monday morning press conference.

House Democrats are committed to defending constitutional rights and freedoms. Each year, the attacks from the GOP on Kansans’ freedom get worse.

Once again, they’re attempting to strip low-income and rural Kansans of their right and access to an equitable public education. They refuse to return taxpayer money to taxpayers, instead favoring tax breaks for giant multinational corporations. Despite Kansans overwhelmingly rejecting the anti-abortion constitutional amendment on August 2, numerous anti-abortion bills have been put forward, including another constitutional amendment proposing an outright, explicit ban on abortion. Local control is routinely impeded -- particularly regarding prevailing wage -- which negatively affects countless laborers across the state. The LGBTQ community and their bodies are used as a punching bag to score cheap political points. Legalizing cannabis isn’t a priority for the GOP despite it having the support of the vast majority of Kansans.

●     “Kansas House Democrats remain committed to education, cannabis legalization,” WIBW, 2/13/2023

Hate Week: “Playing to the Lowest Common Denominator”

Following a national trend, Republicans in the legislature have introduced a slew of discriminatory, anti-LGBTQ bills. The majority of these bills had hearings within a 4-day window this week. Rep. Heather Meyer nailed it when she told the Kansas Reflector, “They are trying to burn us out” by scheduling such a packed week of legislation.

Data from The Trevor Project’s 2022 National Survey on LGBTQ Youth Mental Health show overwhelming rates of anxiety, depression, suicidal ideation, and suicide attempts among LGBTQ youth. This is exacerbated when anti-LGBTQ legislation floods the airwaves.

●     93% of transgender and nonbinary youth worry about receiving proper medical care due to state and local government interference.

●     91% are concerned about safe restroom access.

●     83% have worried about their ability to participate in sports due to state or local law.

Transgender Youth In Sports: On Monday, HB 2238 had a hearing in the House Education committee. HB 2238 is perhaps the most infamous of the recent anti-transgender bills. Deceptively named the “Fairness in Women’s Sports Act,” the bill seeks to prevent trans girls from participating in K-12 and college athletics. There are only two transgender kids in after-school activities this year, according to the Kansas State High School Athletics Association, which oversees the programs. Use this form to contact your state representative about the legislation.

You can always count on me to be in opposition to any legislation that would attack our vulnerable LGBTQ youth and adults, as well as bills that attack women’s bodily autonomy and reproductive rights. I will continue to fight these terrible bills in committee and on the floor, along-side my Democratic colleagues, and I urge you to tell EVERY legislator here, both House and Senate, how you feel about it. I would also encourage you to get everyone you know to do the same. They need to know how you feel and how it affects our LGBT youth.

We address issues related to mental health every day here in Topeka, however there seems to be a disconnect in most Republican’s minds as to how these terrible bills affect our mental health crisis in Kansas. I’m painfully aware of the increase in suicide rates for unsupported vulnerable youth, and I know all too well how terrifying it can be to see in the news that your lawmakers are coming for your freedoms… again.

 “It’s terrible and evil,” said Rep. Jerry Stogsdill, the top Democrat on the committee. “It’s hateful, it’s unnecessary, it’s a political attempt to play to the lowest common denominator in the Republican Party.”

Reps. Brandon Woodard, Susan Ruiz, and Heather Meyer submitted testimony in opposition to the bill alongside the ACLU, Mainstream Coalition, Equality Kansas, the Kansas State Board of Education, Kansas National Education Association (KNEA), Kansas Suicide Prevention, the Greater Kansas City Chamber of Commerce, the Kansas Association of School Boards, Kansas Action for Children, the American Academy of Pediatrics, and over 100 others.

“Many of you in this building often wonder why young people leave our state in record numbers. It is because of backward policies, like this bill, that my generation has left and never looks back,” said Rep. Woodard in his testimony.

Despite such robust opposition, the bill is expected to be voted on by the full House later this legislative session. Two Republicans voted with Democrats in opposition to passing the bill out of committee.

HB 2376 had a Wednesday hearing in the Local Government committee.

The bill impedes on home rule and prohibits city or county nondiscrimination ordinances that are more restrictive than the current nondiscrimination ordinance in Kansas. Notably, the current ordinance does not include veterans or the LGBTQ community -- something House Democrats have repeatedly tried to change.

Across the rotunda in the Senate:

●     SB 12 bans gender-affirming care for transgender people ages 21 and under. The GOP deemed the act “the Kansas child mutilation act,” a clear attempt to manipulate the public. The bill had a hearing on Valentine’s Day.

●     SB 233 revokes the licenses of physicians who perform gender-reassignment surgery on individuals under the age of 18. It also allows people who have gone through the surgery to file civil lawsuits against the responsible physician. It also had a hearing on Valentine’s Day.

●     SB 149 bans drag performances for minors although has not yet been scheduled for a hearing.

●     SB 180, the so-called “Women’s Bill of Rights,” segregates spaces based on biological reproductive abilities. The consequences of this bill include the prohibition of transgender women from female-designated areas at domestic violence shelters, rape crisis centers, locker rooms or restrooms. The bill had a hearing on February 15.

“The president of the Senate is very, very, very anti-LGBT, very anti-trans,” said Rep. Susan Ruiz. “He doesn’t care if children kill themselves due to any of these laws that we are proposing. And if he thinks that kids aren’t listening, he is very wrong. Kids are listening.”

 
The Trevor Project’s survey quantifies the suicide attempts referenced by Rep. Ruiz: 45% of LGBTQ youth seriously considered attempting suicide in the past year and 14% made the attempt. Nearly 1 in 5 transgender and nonbinary youth attempted suicide.

Read the coverage from Hate Week here:

●     “Kansas Legislature just won't stop trying to legislate away people who are transgender,” Topeka Capital-Journal, Opinion: Editorial Advisory Board, 2/17/2023

●     “Effort to remove racist housing convenants in Kansas also cuts LGBT protections,” Topeka Capital-Journal, 2/15/2023

●     “States’ push to define sex decried as erasing trans people,” Associated Press, 2/15/2023

●     “Critics call proposed Kansas ‘women’s bill of rights’ sexist, transphobic,” Kansas Reflector, 2/16/2023

●     “Bill blocking gender-affirming care for Kansas transgender youths panned by opponents,” Kansas Reflector, 2/16/2023

●     “Kansas cities push back against House bill nullifying local anti-discrimination ordinances,” Kansas Reflector, 2/15/2023

●     “'Today is the start of hate week' — Advocates decry flood of anti-transgender bills in Kansas,” Topeka Capital-Journal, 2/14/2023

●     “Some Kansas lawmakers want to punish doctors who help transgender kids transition,” KPR, KPRS, 2/14/2023

●     “Kansas has no place for hate in 2023. When will legislators get the memo?” Kansas Reflector, Opinion: Donnovan Dillon, 2/14/2023

●     “Kansas Democrats describe attempt to ban transgender student athletes as ‘crushing weight,’” Kansas Reflector, 2/13/2023

Continuing the Fight for Kansas Public Schools

Public schools, special education funding, vouchers, and school choice continue to be at the center of one of the loudest -- and most frequent -- debates in Topeka.

The nationwide teacher shortage affects Kansas yet Republicans in the House fail to pursue sustainable solutions, opting instead to siphon money away from the public education budget and into unaccredited, unmonitored private and parochial schools. They say public schools don’t deserve support because of threats from a “woke agenda,” teachers who “groom” students, critical race theory, and other hot-button issues de jour.

Assistant Leader Valdenia Winn, the top Democrat on the K-12 Education budget committee, doesn’t buy that argument.

“The Legislature, whether they like it or not, or intends, is running teachers out of the profession. It is that simple,” said Rep. Winn. “Teaching is one of the most important jobs in our society. Yet, it’s repeatedly sidelined and dismissed. Some arrogant lawmakers — I hate to call them that — seem to work day in and day out to squash the hopes and esteems of Kansas teachers.”

Education bills to keep an eye on:

●     HB 2048: Providing additional student eligibility under the tax credit for low income students scholarship program and increasing the amount of the tax credit for contributions made pursuant to such program. 

●     HB 2218: Establishing the Sunflower education equity act to provide education savings accounts for qualified students in Kansas.

●     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 2261: Authorizing boards of education of school districts to compensate board members for the duties and obligations of board members.

●     HB 2271: Authorizing any nonresident student whose parent or guardian is employed by a school district to enroll in and attend such school district.

Catch up on the week’s education coverage:

●     “Kansas parental rights legislation folded into unrelated bill,” Kansas Reflector, 2/17/2023

●     “This bill could help out-of-state teachers cut through red tape to get Kansas licenses,” Topeka Capital-Journal, 2/16/2023

●     “Kansas school administrators question bill adding school board members to district payroll,” Kansas Reflector, 2/15/2023

●     “Olathe superintendent, GOP House members tangle over reasons for K-12 teacher vacancies,” Kansas Reflector, 2/14/2023

●     “Capitol Update: Rep. Jarrod Ousley says lawmakers must fund special ed services,” Shawnee Mission Post, 2/13/2023

●     “Capitol Update: Rep. Mari-Lynn Poskin decries education voucher bill as ‘tax scam’,” Shawnee Mission Post, 2/13/2023

●     “Case for Kansas school vouchers riddled with misleading statistics, cherrypicked data,” Kansas Reflector, 2/13/2023

●     “Kansas lawmakers seek university funding info on diversity, equity, critical race theory,” Topeka Capital-Journal, 2/12/2023

Fentanyl Testing Strips

A movement has spread like wildfire across Kansas to decriminalize Fentanyl test strips. The energy comes after a shocking spike in Fentanyl overdoses in the state and across the nation. Test strips have been pitched as one effort to help curb deaths that would be low-cost and accessible, with data to support their effectiveness.

Rep. Jason Probst, who has been called “a driving force behind fentanyl test strip legalization,” worked with colleagues from across the aisle to develop a coalition invested in the passage of Fentanyl legislation beginning last year. That coalition -- built from Republicans and Democrats from across Kansas and the political spectrum -- successfully ushered two bills through committee this week. Governor Laura Kelly has also supported decriminalization of test strips, even citing the policy as a priority in her state of the state address.

I support this bill because I’ve heard a growing number of concerns from constituents in our district regarding the Fentanyl problem in Wichita.

HB 2390 had a hearing on Wednesday, February 15 in the Health & Human Services committee. The bill establishes the Kansas overdose fatality review board and allows Kansans to legally test substances for Fentanyl, ketamine or GHB -- commonly known as a roofie, or the date-rape drug.

HB 2328 is virtually the same bill with the exception of the review board. It was also heard by on Wednesday, but in the Corrections & Juvenile Justice committee.

 
Explaining why the bills went to two separate committees, Rep. Probst told the Kansas Reflector, “As we learned last year on this, it seems like you need as many avenues as possible to get some of these things done, especially if we’re going to try to overcome the reluctance in the Senate.”

Last year, the House’s efforts to decriminalize Fentanyl test strips were squashed by Republicans in the Senate, with one senator implying that people would use the test kits to seek out Fentanyl. “Let’s be clear. There are individuals that want fentanyl in the drug that they’ve purchased or acquired,” said GOP Sen. Molly Baumgardner, who also chairs the Senate Education committee.

One or both of the bills is expected to be voted on by the full House before the end of session.

●     “‘I was paralyzed’: Kansas advocate urges lawmakers to add protections against date rape drug,” Kansas Reflector, 2/16/2023

What’s Up With Water?: The Ogallala Aquifer

Groundwater managers in western Kansas have been responsible for slowing the decline of the Ogallala Aquifer for 50 years. The Ogallala Aquifer, which underlies parts of Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming, provides water to the people and regional economy. From Kansas southward, the aquifer’s water levels are in rapid decline.

After years of consternation surrounding the impending water crisis in Kansas and numerous failed efforts, the Water committee made significant progress this week.

HB 2279, introduced by top Democrat on the committee Rep. Lindsay Vaughn (Overland Park), requires these groundwater management districts to annually submit information on their spending to the Kansas Legislature. The bill was passed out of committee on Thursday with bipartisan support and praise for the deference it shows to both local and state efforts.

 “We’re hoping that we’re empowering groundwater management districts to identify the most important areas that need to be addressed in relation to conserving and extending the life of the Ogallala Aquifer and then coming up with plans to do that,” said Rep. Lindsay Vaughn, top Democrat on the House Water committee.

●     “Audit finds western Kansas keeps losing water, despite local efforts,” Kansas Reflector, 2/15/2023

●     “Kansas House committee advances bills to conserve water in Ogallala Aquifer,” Kansas Reflector, 2/16/2023

Politics & Podcasts

●     “Kansas lawmakers at odds over a bill that would allow state funds to be used for private education,” KCUR’s Up to Date, 2/16/2023

●     “Listen: Kansas, Michigan offer lessons for Democratic governors with a GOP legislature,” Arizona Central, 2/16/2023

●     “Inside one of the anti-abortion crisis pregnancy centers that might get millions from Kansas,” Kansas Public Radio, 2/16/2023

●     “Kansas education advocates see vouchers and hostility as attempts to undermine public schools,” Kansas Reflector, 2/13/2023

●     “Chillin' in the Statehouse, Episode 64: Elephants,” Topeka Capital-Journal, 2/13/2023

Views from the House Floor

●     HB 2100: Updating the version of risk-based capital instructions in effect. Passed on Emergency Final Action, 121-0.

●     HB 2096: Requiring certain premium taxes to be paid 90 days after each calendar year and basing such premium taxes upon the gross premiums collected for the previous calendar year. Passed on Emergency Final Action, 121-0.

●     HB 2093: Discontinuing payments to certain group-funded insurance pools, refunding existing balances thereof and abolishing such funds and establishing the group-funded pools refund fund. Passed on Emergency Final Action, 120-1.

●     HB 2314: Prohibiting the use of the social media platform TikTok on state-owned devices and on any state network. Passed as amended on Emergency Final Action, 109-12.

●     HB 2262: Allowing six months of an embalmer apprenticeship to be completed prior to an individual attending mortuary science school. Passed on Emergency Final Action, 121-0.

●     HB 2060: Establishing the special education and related services funding task force. Passed on Final Action, 83-37.

●     HB 2234: Increasing and changing the measure of the cost threshold when state construction projects require a negotiating committee and the selection of professional services from a list of qualified firms. Passed as amended on Final Action, 116-4.

●     HCR 5004: Urging the U.S. Congress to fully fund the federal government's original funding promise under the individuals with disabilities education act. Passed on Final Action, 119-1.

●     HB 2021: Allowing evidence-based program account money to be used on certain children, requiring the department of corrections to build data systems and allowing for overall case length limit extensions for certain juvenile offenders. Passed as amended on Final Action, 85-35.

In Case You Missed It

●     “Amid US TikTok bans, a few balk at writing its name into law,” Associated Press, 2/17/2023

●     “Kansas Legislature considers bill to overhaul Ethics Commission as it probes GOP officials,” Topeka Capital-Journal, 2/17/2023

●     “Kansas lawmaker questions fairness of flat tax plan that would benefit state’s top earners,” Kansas Reflector, 2/16/2023

●     “With families struggling, Welfare Reform Committee focuses on making life harder for Kansans,” Kansas Reflector, Opinion: Erin Melton, 2/16/2023

●     “Kansas lawmaker says disabled workers would 'rot at home' if employers can't pay lower wage,” Topeka Capital-Journal, 2/16/2023

●     “Kansas law enforcement agencies working to handcuff bill reforming civil asset forfeiture,” Kansas Reflector, 2/16/2023

●     “Kansas passes 10K COVID-19 deaths as bill aims to strip public health officers of authority,” Topeka Capital-Journal, 2/16/2023

●     “Kansas Senate panel considers doubling down on abortion pill restriction,” Kansas Reflector, 2/15/2023

●     “Kansas lawmaker: Safety net got me from poverty to Capitol,” Kansas City Star, 2/15/2023

●     “TikTok ban on state-owned devices proposed for Kansas students,” KWCH, 2/14/2023

●     “‘It’s shameful.’ Critics say GOP bill in Kansas House could wipe out LGBTQ protections,” Kansas City Star, 2/14/2023

●     “Wichita family testifies on behalf of Lailah’s Law years after 2017 assault by parolee,” Kansas Public Radio, 2/13/2023

●     “Kansas Republicans want welfare reform. Here's what it means for food stamp work requirement.” Topeka Capital-Journal, 2/13/2023

●     “Kansas senator vents wrath at state health officials: ‘Recognize your inadequacy’,” Kansas Reflector, 2/13/2023

●     “Laura Kelly cashes in on Chiefs Super Bowl win, but is Kansas benefiting as well?” Topeka Capital-Journal, 2/13/2023

●     “Evergy among Kansas energy companies seeking monopoly power over transmission projects,” Topeka Capital-Journal, 2/12/2023

●     “Kansas Republicans select 2020 election conspiracy theorist to serve as party chairman,” Kansas Reflector, 2/11/2023