Courtesy League of Women Voters Kansas
The Kansas Legislature met April 25-28, the “Veto Session.” As the name implies, several bills vetoed by Governor Kelly were reviewed, and some vetoes were overridden. On April 28, both houses adjourned until May 23.
The following report can be accessed at the Emporia League’s website: https://www.lwvemporia.org/
April 25-House: No votes were taken.
April 25-Senate
Conference Committee Report on H Sub SB 261 would prohibit the use of identifiable meat terms on the labels of meat analogs when the labels do not include proper qualifying language to indicate that such products do not contain meat. The bill would also make numerous changes to the definitions section of the Kansas Food, Drug, and Cosmetic Act by amending and adding definitions. Vote: Yeas 38; Present and Passing 2. Sen. Longbine voted Yea.
Conference Committee Report on SB 366 would create a mechanism to seek relief from the Kansas Offender Registration Act (KORA) for certain drug offenders. It would also require KORA registration for certain convictions of breach of privacy and for convictions of internet trading in child pornography. Vote: Yeas 37; Nays 3. Sen. Longbine voted Yea.
Conference Committee Report on HB 2237 would create several acts and amend law pertaining to economic development to address rural housing, home loans, historic structures, appraisals of property in rural counties, urban development, and child day care services. Vote: Yeas 34; Nays 3; Present and Passing 3. Sen. Longbine voted Yea.
April 26-House
HCR 5022 adds language to the Kansas Constitution concerning the election and removal of county sheriffs. The constitutional amendment would require the election of a county sheriff in counties that had not abolished the office before January 11, 2022 and specify that a sheriff in such counties be elected for a term of four years. Counties that had abolished the office of sheriff would be authorized to restore the office. Vote: Yeas 91; Nays 31; Absent or not voting 3. Rep. Highland and E. Smith voted Yea; Schreiber was absent.
HB 2387 would create the crime of operating an aircraft under the influence, provide for testing related to the crime, and repeal certain statutes prohibiting the operation of aircraft under influence of alcohol or drugs and providing for related testing. Vote: Yeas 84; Nays 38; Absent or not voting 3. Rep. Highland and E. Smith voted Yea; Schreiber was absent.
HB 2252 would amend and create law related to fulfillment house licenses, farm winery licenses, electronic submission of records by special order shipping license holders, residency requirements for certain liquor licenses, and licenses that can be held by an alcoholic liquor manufacturer. Vote: Yeas 84; Nays 38; Absent or not voting 3. Rep. Highland and E. Smith voted Yea; Schreiber was absent.
HB 2138 would make changes to the Kansas Liquor Control Act and Club and Drinking Establishment Act concerning suspending, canceling, or revoking certain liquor licenses; days and times of sale or liquor and cereal malt beverage (CMB); and refillable and sealable containers of liquor and CMB. Vote: Yeas 82; Nays 40; Absent or not voting 3. Rep. Highland and E. Smith voted Yea; Schreiber was absent.
HB 2237 would amend law related to the Rural Opportunity Zone (ROZ) student loan repayment program and the child day care services income tax credit. Sunset on the ROZ program would be extended from July 1, 2023 to July 1, 2026. Extensions were made on the income tax credit and reporting requirements, and eligibility for ROZ income tax credit was expanded. Vote: Yeas 109; Nays 12; Present but not voting 1; Absent or not voting 1. Rep. Highland and E. Smith voted Yea; Schreiber was absent.
April 26-Senate
SB 58 establishes the Parents’ Bill of Rights, which includes inspecting any materials provided to the child; reviewing all educational and health records; objecting to any material or activity based upon harm to the child or to the parent’s beliefs; and challenging the educational benefit of material available in the school library. Vote: Yeas 27; Nays 12, overriding Governor’s veto. Sen. Longbine voted Yea.
SB 160 creates the Fairness in Women’s Sports Act and required interscholastic, intercollegiate, intramural, or club athletic teams or sports that are sponsored by public educational institutions to be designated based on biological sex. Vote: Yeas 28; Nays 10, overriding Governor’s veto. Sen. Longbine voted Yea.
SB 199 amends law in the Insurance Code governing specially designed policies and short-term policies to update references to short-term limited-duration policies. The bill removes language specifying benefits or services that may be included in specially designed policies. Vote: Yeas 28; Nays 9, overriding Governor’s veto. Sen. Longbine voted Yea.
SB 493 prohibits municipalities from adopting or enforcing an ordinance or regulation that restricts, taxes, prohibits, or regulates the used of “auxiliary containers” made of cloth, paper, plastic, cardboard, aluminum, glass, or similar material. Vote: Yeas 27, Nays 12, Overriding Governor’s veto. Sen. Longbine voted Yea.
April 27-House
Conference committee report on SB 313 would permit operation of driverless-capable vehicles without a human driver with the automated driving system engaged under certain circumstances. Vote: Yeas 75; Nays 44; Absent or not voting: 6. Rep. Highland and E. Smith voted Yea; Schreiber was absent.
Sub for HB 2466 would enact the Promoting Advancement in Computing Knowledge Act relating to computer science courses in secondary schools; require the survey and establishment of a career technical education pilot program; and exempt national assessment providers from the Student Online Personal Privacy Act. Vote: Yeas 109; Nays 10; Absent or not voting: 6. Rep. Highland and E. Smith voted Yea; Schreiber was absent.
Sub for HB 2492 would reconcile amendments to statutes that were amended more than once during the current and prior legislative sessions. For such statutes, the bill would repeal one version and, if necessary, amend the continuing version with noncontradictory amendments, creating a single version of the statute containing all amendments. Vote: Yeas 119; Absent or not voting: 6. Rep. Highland and E. Smith voted Yea; Schreiber was absent.
April 27-Senate
On the Governor’s appointment to the Department of Credit Unions: Julie Allen-Murray, Term ends December 31, 2025. Vote: Yeas 39; Present and Passing 1. Sen. Longbine voted Yea.
Sub for HB 2492 would reconcile amendments to statutes that were amended more than once during the current and prior legislative sessions. Vote: Yeas 40; Nays 0.
Conference Committee Report on Sub HB 2466 would enact the Promoting Advancement in Computing Knowledge Act relating to computer science courses in secondary schools; require the survey and establishment of a career technical education pilot program; and exempt national assessment providers from the Student Online Personal Privacy Act. Vote: Yeas 29; Nays 6; Present and Passing 5. Sen. Longbine voted Yea.
Conference Committee Report on HB 2106, beginning January 1, 2023, would reduce the state sales and compensating use tax rate on food and food ingredients from 6.5 percent to 4.0 percent. The rate would be further reduced to 2.0 percent on January 1, 2024, and to 0.0 percent on January 1, 2025. “Food and food ingredients” would be defined to include bottled water, candy, dietary supplements, soft drinks, and food sold through vending machines and to exclude alcoholic beverages, tobacco, and most prepared foods. Vote: Yeas 39; Present and Passing 1. Sen. Longbine voted Yea.
Conference Committee Report on SB 313 would permit operation of driverless-capable vehicles without a human driver with the automated driving system engaged under certain circumstances. Provisions added by the bill would be added to the Uniform Act Regulating Traffic on Highways. Vote: Yeas 23; Nays 17. Sen. Longbine voted Yea.
April 28-House
Senate Sub for HB 2495 would create and amend law related to fingerprinting for criminal history record checks, surveillance by Kansas Department of Wildlife and Parks employees, jurisdiction of law enforcement officers, the time period within which a search warrant must be executed, and disclosure of information to law enforcement agencies regarding a child alleged or adjudicated to be a child in need of care. Vote: Yeas 116; Nays 1; Absent or not voting: 8. Rep. Smith & Schreiber voted Yea; Highland Absent.
HB 2106 would amend income tax law related to fraudulently obtained income, income tax return filings, income tax withholding, and retirement and social security income. The bill would clarify that victims of identity theft would not owe Kansas individual income tax on any compensation that was fraudulently obtained by another individual and would require the Department of Revenue to provide a method for any taxpayer to report whether the taxpayer was a victim of fraud and the amount of fraudulent income for the taxpayer reported to the Internal Revenue Service. Vote: Yeas 114; Nays 3; Absent or not voting: 8. Rep. Smith & Schreiber voted Yea; Highland Absent.
HB 2510 would amend certain investment limitation requirements to increase the permissible investment options in equity interests and preferred stock for Kansas domiciled life insurance companies. The bill would also correct the unlawful delegation of authority in current statutes. Vote: Yeas 95; Nays 22; Absent or not voting: 8. Rep. E. Smith & Schreiber voted Yea; Highland Absent.
SB 331 would amend the effective date specified in the Insurance Code for the risk-based capital instructions promulgated by the National Association of Insurance Commissioners for property and casualty companies and for life insurance companies. The instructions currently specified became effective on December 31, 2020. Vote: Yeas 91; Nays 26; Absent or not voting: 8. Rep. E. Smith & Schreiber voted Yea; Highland Absent.
This report has been abbreviated due to print space limitations. To read the full report, visit www.emporiagazette.com.
House Sub for SB 19 would create the Living, Investing in Values, and Ending Suicide (LIVES) Act. The Act would implement the established 988 Suicide Prevention and Mental Health Crisis Hotline in Kansas. The bill would outline the responsibilities of the Kansas Department for Aging and Disability Services (KDADS), Hotline centers, and service providers. The bill would establish the 988 Suicide Prevention and Mental Health Crisis Hotline Fund (Hotline Fund) and direct State General Fund moneys to be transferred to the Hotline Fund. Vote: Yeas 112; Nays 6; Absent or not voting: 7. Rep. E. Smith & Schreiber voted Yea; Highland Absent.
Senate Sub for HB 2567 would alter the calculation of local foundation aid within the Kansas School Equity and Enhancement Act by removing federal impact aid from the formula. It would also exclude the Fort Leavenworth school district and virtual school students from the capital improvement state aid determination. The bill would amend the calculation of a unified school district’s local foundation aid by removing the requirement that 70.0 percent of a school district’s federal impact aid be included in the calculation. Vote: Yeas 75; Nays 45; Absent or not voting: 5. Rep. E. Smith & Highland voted Yea; Schreiber voted Nay.
House Sub for SB 84 would amend the Kansas Expanded Lottery Act (KELA) concerning the conducting of sports wagering operations by lottery gaming facilities. The bill would add new sections to KELA and would be a part of and supplemental to the Kansas Lottery Act. The bill would also amend the Kansas Parimutuel Racing Act and authorize historical horse racing. Vote: Yeas 73; Nays 49; Absent or not voting: 3. Rep. Smith & Highland voted Nay; Schreiber voted Yea.
SB 160 creates the Fairness in Women’s Sports Act and requires interscholastic, intercollegiate, intramural, or club athletic teams or sports that are sponsored by public educational institutions to be designated based on biological sex. Vetoed. Override fails.
Vote: Yeas 81; Nays 41; Absent or not voting: 3. Rep. E. Smith & Highland voted Yea; Schreiber voted Nay.
SB 58 establishes the Parents’ Bill of Rights. The bill states that all parents have a right to direct the upbringing, education, care, and mental health of their child. The bill also enumerates 12 rights reserved by the State for parents with regard to their child. Such enumerated rights include, but are not to be limited to, the right to direct the education and care of the parent’s child and the right to direct the upbringing and moral or religious training of the parent’s child. Vetoed. Override fails. Vote: Yeas 72; Nays 50; Absent or not voting: 3. Rep, E. Smith & Highland voted Yea; Schreiber voted Nay.
Senate Sub for HB 2448 requires the Department for Children and Families to assign all able-bodied adults without dependents (ABAWDs) subject to the food assistance work requirements established by federal law to an employment and training program. The provisions of the bill apply only to ABAWDs aged 18 through 49 and only to individuals who are not employed at least 30 hours per week. Vetoed. Override succeeds. Vote: Yeas 86; Nays 36; Absent or not voting: 3. Rep. Schreiber, Smith & Highland voted Yea.
April 28-Senate
HB 2540 would amend the Uniform Controlled Substances Act and the definition of “marijuana” in the Act and the Kansas Criminal Code. The amended definition of marijuana would exempt U.S. Food and Drug Administration-approved drug products containing an active ingredient derived from marijuana. Vote: Yeas 39; Absent or not voting: 1. Sen. Longbine voted Yea.
HB 2510 includes adjusted funding for FY 2022 and FY 2023 for state agencies. The bill does not include funding for K-12 education, which is contained in Senate Sub. for HB 2567. Vote: Yeas 33; Nays 7. Sen. Longbine voted Yea.
Senate Sub. for HB 2448 would require the Department for Children and Families to assign all able-bodied adults without dependents subject to the food assistance work requirements established by federal law to an employment and training program. The bill would specify the provisions of the bill would apply only to adults aged 18 through 49 and only to individuals who are not employed at least 30 hours per week. Vote: Yeas 29; Nays 11. Sen. Longbine voted Yea.
Senate Sub for HB 2495 would create and amend law related to fingerprinting for criminal history record checks, surveillance by Kansas Department of Wildlife and Parks employees, jurisdiction of law enforcement officers, the time period within which a search warrant must be executed, and disclosure of information to law enforcement agencies regarding a child alleged or adjudicated to be a child in need of care. Vote: Yeas 40; Nays 0.
SB 421 would transfer $1.125 billion from the State General Fund (SGF) directly to the Kansas Public Employees Retirement System (KPERS) Trust Fund. Of that amount, the first $253.9 million SGF would pay off outstanding accounts receivable for KPERS-School employer contributions withheld in FY 2017 and FY 2019 (“layering payments”) while the remaining $871.1 million SGF would be applied to the KPERS-School unfunded actuarial liability. Vote: Yeas 26; Nays 10; Present and Passing 2; Absent and Not Voting 2. Sen. Longbine voted Yea.
Senate Sub for HB 2567 would make appropriations for the Kansas Department of Education for FY 2022, FY 2023, and FY 2024, make adjustments to the Kansas School Equity and Enhancement Act, and amend various provisions of law related to K-12 Education. Votes: Yeas 24; Nays 14; Present and Passing 2. Sen. Longbine voted Yea.
House Sub for SB 84 would amend the Kansas Expanded Lottery Act (KELA) concerning the conducting of sports wagering operations by lottery gaming facilities. The bill would add new sections to KELA and would be a part of and supplemental to the Kansas Lottery Act (KLA). The bill would also amend the Kansas Parimutuel Racing Act and authorize operation of historical horse race machines. Vote: Yeas 21; Nays 13; Present and Passing 6. Sen. Longbine voted Yea.
Sub for SB 34 would create law regarding actions by governmental entities or public officials affecting face mask requirements as a response to a contagious or infectious disease and would prohibit a COVID-19 vaccination passport be required. The bill would remove the authority of the Secretary of Health and Environment or a local health officer to order any law enforcement officer of the state or any subdivision to assist in the execution or enforcement of any order regarding infectious and contagious diseases. Vote: Yeas 23; Nays 17. Sen. Longbine voted Nay.
The Legislature has adjourned until May 23.
Bill descriptions and daily journals of the Kansas Legislature may be accessed through the Kansas Legislature website: http://www.kslegislature.org/
This report was prepared by the League of Women Voters of Emporia Legislators Vote Tracking Committee: Bob Grover, Doug McGaw, Mary McGaw and Gail Milton.