2022 Legislative Update 12

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2022 Legislative Update 12

Apr 11, 2022

2022 Legislative Update 12

The Legislature adjourned for a three week “Spring Break,” while Governor Kelly reviews bills and decides which to sign, allow into law, or veto.

Legislators will return on April 25 for the “veto session,” to consider either overriding or sustaining the Governor’s vetoes as well as finishing up business that remains from the first part of the session.

Many thanks to Emeline, Selah and Maggie for serving as Legislative Pages. Also want to thank Cade Fowler for his help this session as our legislative intern.

It is a special honor to serve as your state representative. I value and appreciate your input on issues facing state government. Please feel free to contact me with your comments and questions. My office address is Room 452-S, 300 SW 10th, Topeka, KS 66612. You can reach me at (785) 296-7430 or call the legislative hotline at 1-800-432-3924 to leave a message for me. You can also e-mail me at pam.curtis@house.ks.gov

Corruption, Subpoenas, More Subpoenas

The week ended with a bang on Friday morning. Rumors flooded the building that a substantial number of House Republicans, conservative PACs, activists, and consultants were subpoenaed by the Kansas Governmental Ethics Commission in an investigation on potential illegal activity. Republicans were called out for the appearance of retaliation when they brought forth -- without forewarning -- a bill to fire executive director Mark Skoglund in a conference committee.

The same day, another representative alluded to a potential FBI investigation akin to an investigation conducted under former Gov. Sam Brownback regarding Medicaid contract renewals. It is a violation of federal law for lobbyists to induce legislators to introduce legislation concerning the Medicaid program with promises of campaign contributions.”

“Kansas legislators waded into ethical morass with ill-conceived effort to oust Mark Skoglund,” Topeka Capital-Journal’s Editorial Advisory Board, 04/08/2022

“Kansas Statehouse subpoenas, pay-to-play allegations, consultants’ feud disrupt end of session,” Kansas Reflector, 04/03/2022

Freeze on Kansas Medicaid contracts approved after combustible debate and corruption allegations,” Topeka Capital-Journal, 04/02/2022

“Legislators walk back effort to oust ethics panel director. Kansas Chamber confirms it was subpoenaed by commission.” Topeka Capital-Journal, 04/01/2022

"Kansas governmental ethics leader under fire amid law license questions. Legislature eyes response.” Topeka Capital-Journal, 03/31/2022

Sports Betting and a Late-Night Gamble

In a surprise, late-night development, sports betting almost didn’t pass through the House. After much handwringing, it passed by a slim margin in the middle of the night. The Senate did not take action on the bill before adjournment.

If approved, Kansas will join 33 other States that have legalized sports betting. During the late-night debate it was revealed that a provision had been inserted to use 80% of the proceeds from sports betting to establish a fund to build a facility for a professional sports team. The fund established would be under the authority of the Legislative Finance Council which consists of the Governor and House and Senate Leadership This fueled rumors of a deal for the Kansas City Chiefs to move to Wyandotte County.

While negotiations may be happening behind the scenes to build a professional sports stadium in Wyandotte County for the Kansas City Chiefs, it is important that local officials are involved in those discussions and negotiations to ensure a benefit to our community as well as the State.

“Kansas Sports Betting Bill Stalled At Finish Line For Three Weeks,” Legal Sports Report, 04/5/2022

“Kansas City Chiefs Move Almost Killed Kansas Sports Betting Bill,” Legal Sports Betting, 04/06/2022

“Sports betting clears big hurdle. But an attempt to lure the Kansas City Chiefs almost backfires.” Topeka Capital-Journal, 04/02/2022

29 Tax Bills, but no #AxeTheFoodTax

Under Governor Kelly’s responsible fiscal leadership, the state has an historic amount of revenue flooding the state coffers.

House Tax Committee worked to negotiate a tax package that appeased most of the chamber and the Senate. In doing so, provisions of over 29 different bills went into HB 2239. It was a record, although not a record legislators should necessarily celebrate. Despite hesitancy over the size and breadth of the tax package, it passed 103-10.

Notably, no food sales tax cut was included. In fact, there has been no opportunity whatsoever for the body to vote on a food sales tax cut despite statewide energy and excitement behind the initiative. It’s clear: Republicans don’t want to allow a vote on HB 2487, the bipartisan bill calling for an immediate 0% state tax on food because they don’t want to give the “win” to Governor Kelly in an election year. Keep up the pressure -- the legislative session isn’t over yet.

“$90 million in tax cuts approved by Kansas Legislature — but no axe the food sales tax,” Topeka Capital-Journal, 04/02/2022

“Kansas set to slash taxes again, this time with Dems joining,” Associated Press, 04/4/2022

“Kansas tax reform bundle sent to governor amassed from shards of 29 different bills,” Kansas Reflector, 04/5/2022

“Kansas legislators approve 5% pay raise for state workers in budget, increases KPERS funding,” Topeka Capital-Journal, 04/01/2022

The Legislature, Transgender Athletics

When the House could have been debating #AxeTheFoodTax, it instead took up bullying trans youth. SB 160, the anti-transgender youth bill, was extensively discussed and debated by Democrats and Republicans alike.

In the leadup to the debate, two points were repeated: The bill opens the door to genital inspections on children as young as five, and trans youth already face higher than average rates of suicide and attempted suicide. Isolating and alienating them from peers is harmful to their education, mental health, and development. The Kansas Reflector’s podcast episode, “Kansas LGBTQ lawmakers challenge anti-trans bill,” highlights many of the most resounding moments.

While the bill passed, it failed to receive a veto-proof majority.

Gut and Go

The night of the anti-trans youth debate, Kansans searched the legislative website for SB 160. They were surprised and confused to find not a bill on transgender girls in athletics, but instead a bill on fisheries.

This is what’s known as a “gut and go,” an anti-transparency political maneuver meant to avoid deadlines, public hearings, and sometimes debates. To put it simply, the contents of the original bill are stripped and replaced with any assortment of other legislation. In this case, the fisheries went by the wayside for the bigotry to prevail without public input.

When Assistant Democratic Leader tried to pass legislation prohibiting gut and go lawmaking -- which is unconstitutional in neighboring Missouri – the former Senate President said, “If they’re going to outlaw gut and gos, then we need a much longer session.” The practice makes it difficult for even the most engaged and physically present lobbyist to track a bill and can make it nearly impossible for members of the public.

Plenty of gut and go legislation has been crafted and passed this session and in the past. Read more about the controversial practice of gut and go’s:

“How the Kansas Legislature could solve its ‘gut and go’ problem,” Burdett Loomis for the Kansas Reflector, 08/27/2020

“The Kansas Legislature’s addiction to gut-and-go should make everyone sick,” C.J. Janovy for the Kansas Reflector, 08/14/2020

“In Kansas, maligned ‘gut and go’ tactic gets laws enacted,” Associated Press, 03/02/2018

“How Kansas lawmakers keep you from finding out what they’re doing — until it’s too late,” Kansas City Star, 12/01/2017

“The Gut and Go Exposed,” Mainstream Coalition, 04/03/2015

Redistricting Trial Begins

The much-anticipated trial on the congressional redistricting maps finally started in Kansas City, Kansas. It will wrap up early next week.

“Redistricting trial zooms in on how hotly contested congressional maps affect Lawrence, northeast Kansas,” Topeka Capital-Journal, 04/06/2022

“Nerves and adrenaline’ as Kansas congressional redistricting trial begins,” Kansas Reflector, 04/04/2022

“Heated legal battle over Kansas congressional map begins; Supreme Court likely the final destination,” Topeka Capital-Journal, 04/04/2022

ICYMI:

“Gov. Laura Kelly signs bipartisan bill creating disability savings program,” Kansas Reflector, 04/08/2022
“Attorneys debate potential for Kansas election law to chill voter registration efforts,” Kansas Reflector, 04/07/2022
“Who asked for this disastrous Statehouse session? Certainly not Kansas voters.” Opinion: Clay Wirestone, Kansas Reflector, 04/04/2022
“Kelly signs legislation authorizing Gold Star family memorial at Capitol,” Kansas Reflector, 04/04/2022
“Kansas Legislature send parents' bill of rights to Gov. Laura Kelly after heated debate,” Topeka Capital-Journal, 04/02/2022
“Kansas Legislature sends sanctuary city ban to Gov. Laura Kelly with enough votes to override a veto,” Topeka Capital-Journal, 03/30/2022
“Kansas lawmaker raises concern about legality, ethics of novel investment tool,” Topeka Capital-Journal, 03/30/2022
“Kansas refuses to enforce federal COVID vaccine mandate. CMS will take over, cut $350K in funding,” Topeka Capital-Journal, 03/29/2022